04-18-2013City Commission
The C#y ®f Susan Gottlieb, Mayor
Enbar Cohen
A,�Teii � Teri olzberg
Billy Joel
Michael Stern
Howard Weinberg
Luz Urbaez Weinberg
CITY COMMISSION MEETING
AGENDA
APRIL 18, 2013 - 9 AM
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER \ROLL CALL
2. PRESENTATIONS:
A. NORTHEAST BRANCH COUNTY LIBRARY UPDATE
B. LEHMAN CAUSEWAY BIKEPATH UPDATE
City Manager
Eric M. Soroka, ICMA -CM
City Clerk
Teresa M. Soroka, MMC
CityAttome�
Weiss Scrota Helfman
Pastoriza Cole & Boniske
3. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE
SCHOOL BOARD OF DIRECTORS:
A. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT CERTAIN ADMINISTRATIVE AND
EDUCATIONAL SERVICES AGREEMENT BETWEEN CHARTER SCHOOLS
USA, INC., CHARTER SCHOOLS USA AT AVENTURA, L.C. AND THE CITY
OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE — FIRST READING — PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2013/14 (JULY i — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY
THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
4. MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS
OUTLINED ON EXHIBIT "A ".
5. ADJOURNMENT.
The meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to
participate in this meeting because of that disability should contact the Office of the City Clerk 305466 -8901, not later than two days prior to such proceeding. Anyone wishing to
appeal any decision made by the City of Avemura Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government enter, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone
wishing to obtain a copy of any agenda item should contact the City Clerk at 305- 466 -8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
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Topic #625- 000 -007 January 1, 2013
Plans Preparation Manual Volume 1 — English
Figure 8.4.2 Bike Lane with Right Turn Drop Lane
Pedestrian, Bicycle and Public Transit Facilities 8 -15
Topic #625- 000 -007 January 1, 2013
Plans Preparation Manual Volume 1 — English
Figure 8.4.4 Bike Lane with Free Flow Channelized Right Turn Lane
Pedestrian, Bicycle and Public Transit Facilities 8 -17
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM
MEMORANDUM
Eric M. Soroka, ICMA -CM, C
DATE: March 13, 2013
SUBJECT: Resolution Authorizing Execution of New Administrative and
Educational Services Agreement with Charter Schools USA Inc. for
Aventura City of Excellence School
April 18, 2013 Commission Meeting Agenda Item aA
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the new
Administrative and Educational Services Agreement (Agreement) for the Aventura City
of Excellence School between the City and Charter Schools USA, Inc. ( CSUSA).
BACKGROUND
In 2001, after a formal Request for Proposal process, the Commission approved a
Resolution selecting the firm of CSUSA to design, operate and maintain a Charter
Elementary School for the City. In 2002, the CITY entered into a Management
Agreement with CSUSA for the Aventura Charter Elementary School that opened for
the 2003 -2004 school year. In December of 2004, the City and CSUSA agreed to
amend the Elementary Agreement, to incorporate the new requirements of the Charter
granted by Miami -Dade County School Board, add the middle school component and
align CSUSA's responsibilities in connection with the Charter School to reflect those it
performed at that time. The current Agreement expires on June 30, 2013. Both parties
wish to extend the Agreement, based on the long term success of the School in order to
continue to provide stability to the teachers and staff and update the Agreement to
reflect the current operations.
The following is the major points of the Agreement:
• The duties and responsibilities were updated to actually reflect current practices
that exist at the School and revisions contained in the most recent Charter
granted by Miami -Dade County School Board.
• The Technology Management component was revised whereby the City's IT
Department will assume additional services currently performed by CSUSA such
as email service, onsite support and troubleshooting, maintenance of network
Memo to City Commission
Page 2
infrastructure, purchasing hardware and software and maintenance of a mass
parent communication vehicle. It was determined that it was more efficient and
cost effective to realign these functions to the City's IT Department as they
currently provide the same support to all other City departments.
• The initial term of the Agreement is for five years. The Agreement may be
extended for an additional term up to five years upon agreement of both parties
and provided the Miami -Dade County School Board extends the Charter granted
to the City.
• In light of the realignment of certain duties outlined above the fee structure has
been modified as follows:
Current Agreement
6% of the sum of student enrollment
Proposed Agreement
7/1/2013 to 6/30/2014 $281,000
7/1/2014 to 6/30/2018 4.3% of the sum of student enrollment
7/12018 and thereafter To be negotiated
In no any event shall the sum of student enrollment exceed $300 per
student
It should be pointed out, that although CSUSA's fee for the 2012/13 fiscal year
should be $344,000 based on the 6% figure, they agreed to a reduction of fees
to $326,000. This was based on the recession and loss of State funding. The
reduction in fees under the new Agreement addresses the additional
responsibilities and realignment of duties to be assumed by the City.
The Agreement was been reviewed by the City Attorney's Office and the School
Administration. I have included a clean version and a redlined version of the Agreement
that tracks the revisions.
I want to take this opportunity to commend CSUSA for being a partner in the success of
ACES over the years, for their ongoing concern for the School and their willingness to
negotiate a fair agreement to all parties.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
RESOLUTION NO. 2013 -_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT
BETWEEN CHARTER SCHOOLS USA, INC., CHARTER SCHOOLS
USA AT AVENTURA, L.C. AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Administrative and Educational Services Agreement between Charter
Schools USA, Inc., Charter Schools USA at Aventura, L.C., and the City of Aventura
attached hereto.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 2nd day of April, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ADMINISTRATIVE AND EDUCATIONAL SERVICES
AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
and
CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and
CITY OF AVENTURA
for the
AVENTURA CITY OF EXCELLENCE SCHOOL
TABLE OF CONTENTS
1.
Recitals
2
2.
Definitions
2
3.
Term
4
4.
Charter School
4
5.
Services to be provided by CSUSA
4
6.
Responsibilities of the City
13
7.
Cooperation
20
8.
Additional Mutual Obligations
20
9.
Charter Schools Funding Resources
20
10.
Administrative and Educational Services Fees
20
11.
Insurance
20
12.
Indemnification
21
13.
Default
22
14.
Termination of this Agreement
23
15.
Transfer of Functions Upon Termination
25
16.
Entire Agreement
26
17.
Assignments
26
18.
Further Assurances
26
19.
Relationship of Parties
26
20.
Interpretations
26
21.
Time of the Essence
26
22.
Binding Effect
26
23.
Notices
27
24.
Headings
27
25.
Severability
28
26.
Waivers
28
27.
Outside Business
28
28.
Third Parties
28
29.
Jurisdiction and Venue
28
30.
Enforcement Costs
29
31.
Remedies Cumulative
29
32.
Contracts and Subcontracts
29
33.
Counterparts
30
34.
Governing Law
30
35.
Proprietary Information
30
36.
Sale or Transfer of interest in CSUSA
30
37.
Additional Audits
31
38.
Police /Regulatory Powers
31
ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT FOR THE
AVENTURA
CITY OF EXCELLENCE SCHOOL
THIS ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT (the
"Agreement ") is made and entered into as of the day of , 2013, by and
among CHARTER SCHOOLS USA, INC., a Delaware corporation; CHARTER SCHOOLS
USA AT AVENTURA, L.C., a Florida limited liability company (collectively "CSUSA "); and
CITY OF AVENTURA ( "CITY "), a Florida municipal corporation.
WITNESSETH:
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA to design, operate and maintain a
Charter Elementary School for the CITY; and
WHEREAS, the CITY entered into the July 2, 2002 Management Agreement for the
Aventura Charter Elementary School to organize, manage, staff, operate and maintain the
Charter Elementary School that opened for the 2003 -2004 school year; and
WHEREAS, in December of 2004 the City and CSUSA agreed to amend the
Elementary Agreement with CSUSA, to incorporate the requirements of the Charter and
First Amendment (hereinafter referred to as the "Charter, as amended "), add the middle
school component and align CSUSA's responsibilities in connection with the Charter
School to reflect those it performed at that time.; and,
WHEREAS, the current Agreement (the" Current Agreement ") with CSUSA expires
on June 30, 2013 and both parties wish to extend the Agreement, which is in the best
interests of the School, in order to continue to provide stability to the teachers and staff
and update the Agreement to reflect the current operations; now therefore,
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a
part hereof.
2. Definitions. Wherever used in this Agreement, the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
4/18/2013
2
2.1 Agreement - The written agreement between CITY and CSUSA
covering the Services to be performed..
2.2 CITY - The City of Aventura with whom CSUSA has entered into the
Agreement and for whom the Services are to be provided.
2.3 City Manager - The City Manager or his designee (hereinafter referred
to as " City Manager ") of the City of Aventura, who has the authority on behalf of the CITY to
grant or deny approvals and perform the CITY's responsibilities required by this Agreement.
2.4 Administrative and Educational Services Agreement Documents -
The Administrative and Educational Services Agreement Documents consist of the
Certificate(s) of Insurance, all applicable provisions of State, Federal, Chartering Entity or
local laws, ordinances, regulations, rules or policies (incorporated herein by reference); the
Charter and all amendments thereto, , and any additional documents which are required to
be submitted under this Agreement, and all amendments, modifications and supplements
issued or to take effect on or after the Effective Date of the Agreement.
2.5 CSUSA - Where CSUSA is indicated as the responsible party to
perform an obligation pursuant to this Agreement, the parties acknowledge and agree that
Charter Schools USA, Inc. and Charter Schools USA at Aventura, L.C. shall have joint and
several liability and responsibility to perform such obligation.
2.6 Effective Date of the Agreement.
2.6.1 This Agreement shall become effective upon the date of
execution or, if no such date is indicated, the effective date shall be the date on which the
Agreement is signed and delivered by the last of the two parties to sign and deliver. This
Agreement shall be applicable for all Services, as hereinafter defined, activities and
obligations necessary to, required by, or associated with the Charter School for the 2013-
2014 school year and thereafter.
2.6.2 The Current Agreement shall be applicable for all Services, as
defined in the Current Agreement, activities and obligations necessary to, required by, or
associated with the Charter School and the Charter, as amended, until the Agreement
becomes effective, and shall thereafter remain in effect for those obligations and
requirements that survive the Current Agreement.
2.7 School — Aventura City of Excellence School or Charter School.
2.8 Services — Those activities that must be performed in connection with
the Charter School as set forth in this Agreement.
4/18/2013
3
2.9 Written Amendment - A written amendment of the Agreement and /or
the Administrative and Educational Services Agreement Documents, signed by CITY and
CSUSA to take effect on or after the Effective Date of the Agreement.
3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be
contracted with, for the purpose of providing the Services in connection with the Charter
School in accordance with the terms of this Agreement. The term of this Agreement shall
commence as of the Effective Date of this Agreement and shall terminate on June 30,
2018, unless terminated earlier pursuant to the provisions of this Agreement, subject to any
further obligations (including payment obligations) of the parties that survive termination.
The Agreement may be extended for an additional term up to five (5) years upon
agreement of both parties and provided the Miami -Dade County School Board extends the
Charter granted to the City.
4. Charter School. The Charter School is a K -8 school. CSUSA shall perform
its responsibilities regarding the Charter School in accordance with the Charter, as
amended, and all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations.
5. Services To Be Provided By CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services, as further specified herein. Any funds
required or expenditures to be made by CSUSA in the performance of these responsibilities
shall be substantially in conformance with the Administrative and Educational Services
Agreement Documents and the approved Charter School Annual Budget (as hereinafter
defined). It is the specific intent of the parties that the costs associated with CSUSA's
responsibilities (and fees), shall not be shifted from CSUSA into the Charter School's
operating budget. Responsibilities of CSUSA shall include, but are not limited to, the
following areas:
5.1 Education Consulting Services
5.1.1 Curriculum, Accountability and Testing and Sustainable
Performance. CSUSA shall:
5.1.1.1 Assist the School in the implementation of City- approved
curriculum for the Charter School that incorporates the performance -based State adopted
Standards and complies with the Administrative and Educational Services Agreement
Documents.
5.1.1.2 Assist the School in implementing appropriate programs
for Exceptional Student Education (ESE) students and Limited English Proficient (LEP)
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students, in accordance with federal and state laws, local policies and procedures, and the
Administrative and Educational Services Agreement Documents.
5.1.1.3 Upon the request of the School may assist in
implementing a viable assessment program for mapping student progress and provide for
the administration of all tests /assessments to the students, excluding state - required or
Chartering Entity standard tests /assessments provided to the Charter School by or through
the Chartering Entity, that are required by or associated with CSUSA's curriculum,
educational programs, the School Improvement Plan, , or other reporting or evaluation
requirements.
5.1.1.4 Assist the School in Evaluating the Charter School's
success in achieving the objectives stated in the Administrative and Educational Services
Agreement Documents and the School Improvement Plan on at least an annual basis.
5.1.1.5 Assist the School in complying with the requirements
delineated in Florida State Board of Education Administrative Rule 6A- 1.09981,
Implementation of Florida's System of School Improvement and Accountability, as may be
amended from time to time.
5.1.1.6 Assist the School in ensuring that the Charter School's
program is consistent with the state education goals established by Florida Statute
1000.03(5).
5.1.1.7 Assist the School in making every reasonable effort to
ensure that student performance increases from year to year, assess the possible reasons
for such performance and take all reasonable steps to enable the students to continually
progress and improve their academic performance.
5.1.2 Parent Activities.
5.1.2.1 At the request of the CITY, appropriate CSUSA staff
shall attend meetings of the School Advisory Committee to provide reports or information
about the Charter School. In order to facilitate scheduling, the CITY will periodically provide
CSUSA with schedules of the anticipated meeting dates of such organizations, to the extent
available, as set forth in Section 6.1.2 of this Agreement.
5.1.2.2. A Parent Survey substantially similar to that attached
as Exhibit "A" shall be conducted in the spring of each year.
5.2 Development and Operations Management.
5.2.1 Public Relations. Any public relations performed by CSUSA
for the Charter School including, without limitation, community outreach, press releases and
media relations, shall be coordinated with and approved by the City Manager's Office. All
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media relations initiated by CSUSA, including press releases, shall require the prior written
approval of the City Manager. Press releases shall contain the name of the CITY and its
seal as designated by the City Manager. Where media contact to CSUSA is not initiated by
CSUSA, CSUSA shall notify the City Manager.
5.2.2 Contracted Services and Contract Administration.
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for CSUSA Services to be performed
or provided by third parties and which must be entered into by the Charter School during
the term of this Agreement to ensure the efficient operation of the Charter School. Said
contracts shall comply with the provisions of Section 32 of this Agreement and said
contracts and services shall comply with all applicable federal, State, local and Chartering
Entity laws, ordinances, rules and regulations.
5.2.2.2 Cafeteria Management and Food Service.
CSUSA shall coordinate, negotiate and administer , in compliance with the provisions of
Section 32 of this Agreement, with public or private entities or individuals for the provision
of food service and shall provide management services for the Charter School's cafeteria
which enables the Charter School to comply with all applicable federal, state, local and
Chartering Entity, laws, ordinances, rules, and regulations, and the Charter, as amended,
regarding the provision of food service to all students attending the Charter School. The
costs associated with such service shall be included in the approved Charter School Annual
Budget and paid for from the Charter School Fund. The City shall serve as the Food
Service Sponsor as defined by the Florida Department of Education (DOE) for the purpose
of filing an application with the DOE to participate in the National School Lunch Program
(NSLP). The Food Service Sponsor shall appoint a designee to be responsible for
maintaining student applications and processing monthly reimbursements through the
DOE. CSUSA shall assist in the preparation of the NSLP application and distribution of
student applications. CSUSA shall assist the Food Service Sponsor in the collection of
data to be provided in accordance with NSLP policy and procedure.
5.2.3 Student Lottery.
5.2.3.1 CSUSA shall be responsible for conducting any
lotteries, and shall ensure that the Charter School's enrollment , registration and lottery
processes are in compliance with Florida Statutes, the Administrative and Educational
Services Agreement Documents, and the Charter, as amended. As permitted by Florida
Statute, ACES will give preference to children of CITY residents.
5.2.4 Staff Recruitment.
CSUSA shall assist the School in recruitment efforts to target well - qualified and enthusiastic
administrative personnel, teachers and staff Notwithstanding the requirements of this
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paragraph, the CITY may conduct its own marketing, public relations and recruitment
efforts to attract personnel for Charter School employment.
5.2.5 State, Local and School Board Compliance.
5.2.5.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests of
the Chartering Entity regarding the Charter School. CSUSA shall be responsible for
providing the CITY, in a timely manner, with any and all information, data, materials,
documents, records, and submittals for or associated with the Services performed by
CSUSA, that are requested by or necessary for the CITY to coordinate with the
requirements of or comply with all reasonable requests of the Chartering Entity.
5.2.5.2 Compliance with Applicable Law. CSUSA
acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's
expertise in the business of developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity. CSUSA
shall be responsible for ensuring that the Services performed by CSUSA comply, and shall
provide advice and assistance to the CITY to ensure the Charter School complies with all
applicable federal, state, local and Chartering Entity laws, ordinances, rules and
regulations.
5.2.5.3 Charter Renewal Services. CSUSA
acknowledges that CITY and the Chartering Entity entered into a Charter School contract
dated April 18, 2002 and covers a term of 15 years commencing July 1, 2003 and ending
on June 30, 2018. CSUSA acknowledges and agrees to complete all tasks necessary to
obtain a charter renewal from the Chartering Entity for the CITY, including but not limited to
planning, developing, writing an application for renewal of the Charter in order for the City
to successfully obtain the School's Charter renewal. The parties agree that a draft of the
application shall be submitted to the City not later than ninety (90) days prior to the due
date for submittal to the Chartering Entity. The draft shall be submitted in the agreed upon
format between the City and CSUSA so that the City may review and edit as required for
final submittal to the Chartering Entity.
5.2.6 Annual Financial Report and School Improvement Plan.
5.2.6.1 CSUSA shall provide to the CITY on a timely basis any
information required to prepare the Annual Financial Report and the School Improvement
Plan as required by Florida Law and the Charter as amended from time to time
5.2.7 Records Retention: Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, and maintain all
books, records and related documents of or affecting the Charter School, resulting from,
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required by, relative to or associated with the Services performed by CSUSA, that are not
proprietary to CSUSA (the "Public Records "), pursuant to the provisions of the Charter, as
amended, and Chapter 119, F.S. as amended from time to time.
5.2.7.2 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall obtain liability policies that provide for
educator professional liability insurance and auto liability. The costs associated with such
insurance shall be included in the approved Charter School Annual Budget and paid for
from the Charter School Fund; provided, however, that CSUSA's corporate insurance
requirements as outlined in Section 11 of this Agreement herein, shall be separate and
distinct from the insurance requirements of the Charter School. CSUSA shall obtain
worker's compensation insurance for all CSUSA employees that are employed at the
Charter School, in compliance with the Administrative and Educational Services Agreement
Documents and all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations.
The liability policy to be obtained by CSUSA will provide liability coverage for all
Services and programs at the Charter School provided, offered or held by CSUSA. All
insurance to be obtained by CSUSA will be with financially responsible insurance
companies licensed to do business in the State of Florida with a rating of A or better; will
name as insureds CSUSA and CITY, as their respective interests may appear; and will
require written notice of any cancellation or change to be sent to CSUSA and CITY at least
thirty (30) days prior to cancellation termination or material change. Within five (5) days of
the Effective Date, CSUSA will deliver to the CITY copies of all insurance certificates and
policies required under this Agreement, along with receipts evidencing payment the
premiums for such insurance. CSUSA shall also provide the CITY with the foregoing
information relative to the renewal of any required insurance policy prior to the expiration of
any such policy. Each insurance policy required to be obtained by CSUSA under this
Agreement must also provide that the insurer waives all rights of subrogation which the
insurer might have against CITY. CSUSA acknowledges and agrees that the insurance
required by this Agreement and any proceeds paid in connection with any claim thereunder
shall in no way limit CSUSA's responsibilities and liabilities as set forth in this Agreement.
5.3 Financial Management.
5.3.1 Annual Budget. CSUSA shall assist the City Manager in the
preparation of a detailed annual budget (the "Charter School Annual Budget "). The Charter
School Annual Budget shall be finalized by April 30 of each year for presentation to the City
Commission.
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The CITY shall ensure that the Charter School Annual Budget is
submitted to the Chartering Entity in a timely manner consistent with the Charter.
5.3.2 Audits. CSUSA shall accommodate all required audits of the
Charter School and shall provide information and ensure access to all school records and
source documents required by, relative to, or associated with the Services to be performed
by CSUSA in a timely manner.
5.4 Human Resource Management.
5.4.1 Payroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
School, including, without limitation, processing and issuing all checks, maintaining all
reports and payroll records and filing all necessary forms and returns, including worker's
compensation compliance, unemployment insurance compliance, withholding and social
security taxes and all tax and other forms relating to employment as may be required by
any federal, state or municipal authority during the term of this Agreement. All payroll and
other financial or operational records for the Charter School shall be segregated and
separated from all other CSUSA payroll records and shall be reported in a manner allowing
the payroll costs to be traced directly to the financial expenditures of the Charter School.
CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue
Service for the payment of payroll taxes for the employees referenced herein. All penalties
incurred by reason of late filing, failure to file or failure to pay shall be borne by CSUSA and
shall be the sole obligation and responsibility of CSUSA. CSUSA shall be responsible for
submitting to the City Manager reimbursement for CSUSA employees employed at the
Charter School in a form acceptable to both parties.
5.4.2 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. Except as provided below, CSUSA shall employ
sufficient qualified full -time and part -time personnel to operate the Charter School (as is
necessary and appropriate during the Term of this Agreement), including without limitation,
administrators, teachers, clerical, cafeteria, and other staff to enable the Charter School to
be operated in conformance with the Administrative and Educational Services Agreement
Documents and the Charter School budget. CSUSA shall determine, in its sole discretion,
the benefits that will be provided to such personnel and shall administer the provision of
such benefits. However, the City Manager reserves the right to develop a pay plan annually
for the teachers and staff provided by CSUSA and is obligated to fund same from the
Charter School fund Budget. No disciplinary action shall be initiated by the CITY against
any CSUSA employee assigned to the Charter School without the prior written approval of
CSUSA, or as otherwise established in written CSUSA- approved procedures, provided
however that the City Manager shall have the right, at any time, to make recommendations
to CSUSA regarding disciplinary matters, including possible termination, of the full -time and
part-time personnel assigned to the Charter School. CSUSA will consider such
recommendations of the City Manager and act in accordance with their responsibilities. At
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the end of each school year, the CITY shall have the right to have any CSUSA employee
not reassigned to the Charter School for the subsequent school year, and such non -
renewal of assignment shall not be considered a disciplinary action subject to the approval
of CSUSA. Any and all employment agreements shall provide for the immediate
assignability to the CITY, at its option, upon the expiration of the term of this Agreement or
in the event that this Agreement is terminated as provided herein. In the event of such
assignment, CSUSA and the CITY shall be responsible for their respective duties under the
terms of this Agreement until the date of assignment. CSUSA shall indemnify the CITY for
the acts and omissions of CSUSA occurring prior to the date of assignment, and the CITY
shall indemnify CSUSA for the acts and omissions of the CITY following the occurrence of
the date of assignment. CSUSA shall provide the CITY with copies of all employment
agreements to ensure they comply with the foregoing.
The Charter School Principal and other key personnel (Key City Personnel), as determined
in the CITY's sole judgment, shall be employees of the CITY and selected by the City
Manager. The CITY will establish job descriptions, salaries and benefits for the Charter
School Principal and Key City Personnel. At the CITY's option, CSUSA shall recruit
qualified personnel for the Charter School Principal and Key City Personnel, and the CITY
may conduct its own recruiting efforts for qualified personnel for these positions, for
selection by the City Manager. The parties agree that the Charter School Principal and
CSUSA will work together to perform their respective responsibilities for the day -to -day
operations of the Charter School and for carrying out the mission of the Charter School
based on the goals and objectives as stated in the Administrative and Educational Services
Agreement Documents.
In order to attract and compensate teachers and administrators necessary to achieve the
performance criteria set forth in this Agreement, CSUSA agrees that, in the event additional
funds are necessary to attract and compensate such teachers and administrators, as
determined by CSUSA after consultation with the City Manager, CSUSA shall commit such
funds from its Administrative and Educational Services Fee as are necessary to accomplish
this goal.
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and hours
for such reasons as labor and /or economic disputes. In the event of such work stoppages,
the CITY shall be entitled to seek any available legal or equitable remedies, including, but
not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the
interests of the CITY incident to its obligation to provide education for the students of the
Charter School. CSUSA shall ensure that all personnel that it employs for the Charter
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School are subject to the terms of this paragraph.
5.4.3 Training and Professional Development.
CSUSA shall ensure that the Charter School's teachers are encouraged to participate in
professional development opportunities sponsored by the Chartering Entity in order to
increase teachers' content knowledge and pedagogy. The training, continuing education,
and on -going professional development to be provided by CSUSA shall not be scheduled
or provided during normal work hours or in a manner that would interrupt the educational
process, unless otherwise authorized by the CITY.
5.5 Technology Management.
5.5.1 Management Information Systems. On behalf of the Charter
School and with input from the CITY, CSUSA shall provide the following components and
functions of the Management Information System ( "MIS ") to be utilized at the Charter
School, provided however, that such MIS will comply with the terms of this Section:
• Student Information System that provides for a lottery program, student
registration, maintenance of a waitlist, student scheduling, parent contact
information, reporting and discipline tracking.
This system, in conjunction with the applications required by the Chartering Entity, shall
include business applications that meet, on an ongoing basis, any and all Federal, State,
County, CITY, or Chartering Entity reporting mandates, applicable for the Charter School or
the CITY CSUSA agrees during the first year of this Agreement that CSUSA IT staff will be
available to the CITY as a resource during the transition of various IT functions to the CITY.
Both parties agree that the IT individual employed by CSUSA at the School shall report to
the City's Information Technology Director. The City Manager, with reasonable notice to
CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited
access to the Charter School -based MIS system with assistance from a representative of
CSUSA. Upon termination of this Agreement, all hardware, software, business applications
(including password and configuration information) and other intellectual property
purchased by the CITY shall remain the property of the CITY. The MIS system shall be
and remain the property of the CITY, except as proprietary to CSUSA as set forth in this
Agreement. Responsibility for maintaining all data and records stored and used by the
Charter School shall be with CSUSA and shall be in accordance with the Charter, as
amended. The cost associated with any design, license, implementation, and administration
shall be included in the approved Charter School Annual Budget and paid from the Charter
School Fund. The CITY shall be responsible for the design, development, implementation
and maintenance of the Charter School's web site, to which CSUSA shall be allowed to
link.
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5.6 Performance Criteria. The CITY and CSUSA shall agree to the
following minimum performance criteria:
5.6.1 Education Services
5.6.1.1 For each year of operation, the Charter School shall
attain the following:
a) All students will maintain a portfolio demonstrating and
charting improvement and mastery of skills required at that grade level.
b) The State of Florida A+ Plan Grade shall be no lower
than a "B ".
c) Meet the requirements delineated in Florida State
Board of Education Administrative Rule 6A- 1.09981, Implementation of Florida's System of
School Improvement and Accountability, as may be amended from time to time.
d) Achieve the measurable objectives specified in the
annual School Improvement Plan.
5.6.2 Development and Operations Management.
5.6.2.1 The number of enrolled students, as defined in Section
10, shall be 95% of the number of students allowed under the Charter, as amended.
5.6.2.2. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "I would recommend the Charter School to a
friend" is 90% for each year.
5.6.3. Financial Management.
5.6.3.1. The audits if any required by State Law and the Charter,
as amended, shall indicate that the financial statements are presented fairly and that tests
of compliance with laws and regulations and consideration of the internal control over
financial reporting disclose no instances of non - compliance, nor any material weaknesses,
relative to or associated with the Services to be performed by CSUSA, as applicable.
5.6.4 Human Resources Management.
5.6.4.1. Class size and student/classroom teacher ratios shall
be maintained throughout the school year in accordance with the requirements of
applicable federal or state law (e.g., Class Size Amendment), if any, Any vacancy in a
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classroom teacher position that results in an increase to the student/classroom teacher
ratio shall be filled with a permanent qualified teacher as soon as possible, provided
however, that no such vacancy shall remain unfilled by a permanent qualified teacher for
more than four weeks from the date of the vacancy, unless authorized by the City Manager,
unless the lack of such authorization would contradict applicable local, state orfederal law.
5.6.4.2. Upon request by the School, CSUSA shall make every
reasonable effort to provide a pool of applicants who meet the State certification
requirements.
5.6.4.3. The year -to -year retention rates for CSUSA permanent
staff and for CSUSA classroom teachers, excluding staff or teachers whose contracts are
not renewed, who the CITY elects to have not reassigned, or who are dismissed for cause
and as adjusted for mobility, shall be 80 %.
5.7 Other.
5.7.1 Provision of Liaison Services. CSUSA shall designate a
member of senior management personnel to be the point of contact for the City Manager
for all issues.
5.7.2 Other Activities. CSUSA shall be responsible for ensuring that
the Services comply with the terms and conditions of the Charter, as amended, and shall,
in a timely manner, provide information and perform all other activities required of CSUSA
during the term of this Agreement to perform its responsibilities hereunder.
5.7.3 Legal Services. If requested by the City Manager, CSUSA
shall provide legal representation from the firm of Tripp Scott, P.A. on behalf of the School
in dealing with matters before the Miami -Dade County School Board. The City shall be
responsible for the costs associated with such representation requested by the City
Manager. However, The City acknowlesges that Tripp Scott, P.A. is counsel for CSUSA
and herein waives any conflict for legal services provided pursuant to this paragraph.
6. Responsibilities of the CITY. The CITY shall be responsible for the
following:
6.1 Education Management
6.1.1 Except as provided in Section 5.1.1.3 of this Agreement, the
School shall administer all standard tests /assessments to the students that are required by
law or Chartering Entity policy, and shall ensure that students at the Charter School
participate in all assessment programs in which the Chartering Entity's students in
comparable grades /schools participate. The School will administer all such required
tests /assessments in a timely fashion consistent with the State's and Chartering Entity's
testing schedule and in conformance with the State's and Chartering Entity's policies and
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procedures related to test security and test administration. The Charter School's testing
administrator will attend all test administration training sessions provided by the Chartering
Entity and shall follow all Florida Department of Education Testing Guidelines specified in
the Test Administration Manuals, as well as, the District Standards for Test Administration
and Security.
6.1.2 Parent Activities. The CITY shall coordinate and oversee all
organized parental involvement, shall work with the approved School Advisory Commitee
and any parent- teacher organization established for the purposes of furthering the goals of
the Charter School, and shall coordinate parent, teacher and student organizations. As
provided in Section 5.1.2.1 of this Agreement, at the request of the CITY, appropriate
CSUSA staff shall attend meetings of the School Advisory Committe or other parent -
teacher /community organization to provide reports or information about the Charter School.
In order to facilitate scheduling, the CITY will periodically provide CSUSA with schedules of
the anticipated meeting dates of such organizations, to the extent available.
6.1.3 Extracurricular Program /Activities. The CITY shall
determine, establish, staff, operate and administer the extracurricular programs /activities
that will be offered at the Charter School, including but not limited to, before and after
school programs /activities.
6.1.4 Summer School. The CITY shall determine, establish, staff,
operate and administer the summer school program, if any, that will be offered at the
Charter School.
6.2 Development and Operations Management
6.2.1 Public Relations. The CITY shall coordinate all official public
relations for the Charter School including, without limitation, community outreach, press
releases and media relations.
6.2.2 Transportation. The CITY shall be responsible for contracting
with public or private entities or individuals for the provision of transportation.
6.2.3 State, Local and School Board Compliance.
6.2.3.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests of
the Chartering Entity regarding the Charter School. Unless otherwise authorized by the City
Manager, the CITY shall be responsible for submitting all documents and reports requested
or required by the Chartering Entity, the Charter, as amended, and all applicable federal,
state, local and Chartering Entity laws, ordinances, rules and regulations, including, but not
limited to the School Improvement Plan, Annual Report, Annual Budget and Annual Audit.
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In accordance with Section 5.2.5.1 of this Agreement, CSUSA shall be responsible for
providing the CITY, in a timely manner, with any and all information, data, materials,
documents, records, and submittals for or associated with the Services performed by
CSUSA, that are requested by or necessary for the CITY to coordinate with the
requirements of or comply with all reasonable requests of the Chartering Entity.
6.2.3.2 Compliance with Applicable Law. Except as
provided in Section 5.2.5.2 of this Agreement, the CITY shall be responsible for ensuring
that the Charter School complies with all applicable federal, state, local and Chartering
Entity laws, ordinances, rules and regulations.
6.2.3.3 Maintenance of Charter. The CITY shall do, or
cause to be done, all things necessary to ensure that all legal requirements applicable to
the CITY, and all such conditions as may have been imposed on the CITY by the
Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any
time receive notice from any public authority or other person that the Charter School is or
may be in violation of the Charter, the rules of the Chartering Entity or any provision of any
applicable law or regulation, the party receiving such notice shall immediately notify the
other party of the asserted violation and shall thereafter work diligently together to
determine whether such asserted violation in fact exists, to correct any violation found to
exist, and vigorously contest the asserted violation if the same is found not to exist. No
changes will be made by the CITY to the approved Charter, as amended, between the
CITY and the Chartering Entity that directly impact CSUSA's performance of its Services
without CSUSA's consent and approval; such consent and approval shall not be
unreasonably withheld.
6.2.4 Furniture, Fixtures, Equipment and Technology ( "FFE&T ").
The CITY shall be responsible for obtaining, ordering and purchasing any FFE &T to be
utilized in or by the Charter School during the term of this Agreement. CSUSA shall
provide written instructions to the CITY for obtaining, ordering and purchasing any FFE &T
necessary for the performance of CSUSA's Services. At the CITY's option, the CITY may
request CSUSA's assistance and input into the process of obtaining any FFE &T to be
utilized in or by the Charter School or that CSUSA order some or all of the FFE &T CSUSA
deems necessary for the performance of the Services. Regardless of whether the CITY or
CSUSA orders the FFE &T, order(s) for FFE &T necessary for the performance of CSUSA's
Services shall be in compliance with the written instructions from CSUSA unless mutually
agreed otherwise.
6.2.5 Books and Supplies. The CITY shall be responsible for
obtaining, ordering and purchasing the books and supplies to be utilized in or by the
Charter School during the term of this Agreement. CSUSA shall provide written instructions
to the CITY for obtaining, ordering and purchasing any books and supplies necessary for
the performance of CSUSA's Services. At the CITY's option, the CITY may request
CSUSA's assistance and input into the process of obtaining any books and supplies to be
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utilized in or by the Charter School or that CSUSA order some or all of the books and
supplies that CSUSA deems necessary for the performance of the Services. Regardless of
whether the CITY or CSUSA order the books and supplies, order(s) for books and supplies
necessary for the performance of CSUSA's Services shall be in compliance with the written
instructions from CSUSA unless mutually agreed otherwise.
6.2.6 Records Retention: Public Records. The CITY shall
provide, protect, preserve, transfer and maintain both active and archival records for
current/former students in accordance with Florida Statutes and the provisions of the
Charter, as amended.
6.2.7 Insurance. Except as indicated in Section 5.2.8 of this
Agreement, the CITY shall ensure that the Charter School complies with all insurance
requirements set forth by the Chartering Entity.
6.2.8 Facility Maintenance. The CITY shall be responsible for
custodial services and ordinary repair and maintenance concerning the day -to -day
operation of the Charter School, and shall be responsible for all other repair and
maintenance, including but not limited to ground maintenance and maintenance of the
physical plant. CSUSA shall be responsible for, and pay for, any and all repairs or
replacements necessary relative to the FFE &T and the books and supplies that arise due
to the intentional acts or willful misconduct of CSUSA, its employees, agents, contractors,
guest and invitees.
6.2.9 School Uniform Procurement Services. The CITY shall be
responsible for contracting with public or private entities or individuals for the purpose of
providing student uniforms to be purchased by students in conformance with the criteria
established by the Charter School.
6.2.10 Technology Management. The CITY shall be responsible for
the following Technology functions at the School:
• The design, development, implementation and maintenance of the Charter
School's web site, to which CSUSA shall be allowed to link.
• Email service for all school staff and employees.
• Oversee and provide onsite IT support and troubleshooting including network
infrastructure, wireless management, hardware web filter management and
phone system.
• Recommending and purchasing all hardware and software required by the
School.
• Maintain a mass parent communication vehicle.
6.3 Financial Management.
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6.3.1 Annual Budget. The City Manager, with assistance and
cooperation of CSUSA as specified in Section 5.3.1 of this Agreement, shall prepare and
submit to the City Commission the "Charter School Annual Budget" by May 10 of each
year. The budgets shall include, as appropriate, the total number of student stations for the
coming academic year, all capital purchase requests, lease payments, debt repayments
and /or cash loans required, operating revenues and operating expenditures for the
respective school year.The parties shall work cooperatively together on any and all
budgetary matters and issues prior to the submission of the proposed budget to the
Aventura City Commission. The final proposed Charter School Annual Budget shall be
submitted to the Aventura City Commission for approval no later than May 10 of each year.
The CITY shall ensure that the Charter School Annual Budget is submitted to the
Chartering Entity in a timely manner consistent with the Charter, as amended.
6.3.2 Fund Raising Activities. The CITY shall be responsible for
fund raising activities on behalf of the Charter School, during the term of this Agreement,.
6.3.3 Audits. The CITY shall ensure that required audits are
performed by the CITY's auditors in accordance with the Charter, as amended. As specified
in Section 5.3.2 of this Agreement, CSUSA shall accommodate all required audits of the
Charter School and shall provide information and ensure access to all school records and
source documents required by, relative to, or associated with the Services to be performed
by CSUSA, in a timely manner. The CITY shall ensure that the annual audit is submitted to
the Chartering Entity in a timely manner consistent with the Charter, as amended.
6.3.4 Payroll Administration. The CITY shall prepare, maintain,
administer, and report all payroll of CITY employees hired to work at the Charter School,
including, without limitation, processing and issuing all checks, maintaining all reports and
payroll records and filing all necessary forms and returns, including worker's compensation
compliance, unemployment insurance compliance, withholding and social security taxes
and all tax and other forms relating to employment as may be required by any federal, state
or municipal authority during the term of this Agreement.
6.3.5 Tax Exempt Fund Raising Activities. If the CITY concludes it
is appropriate to do so, the Charter School may seek to establish a separate tax - exempt
organization to conduct fund raising activities and receive tax deductible contributions in
support of the Charter School and /or of education generally. CSUSA shall cooperate with
such tax - exempt organization as necessary and appropriate.
6.3.6 Funding For CharterSchool Costs and Expenses. The CITY
shall maintain a Charter School Fund to account for expenditures and revenues associated
with the Charter School. It is understood by CSUSA and the CITY, that any and all funds
expended by the CITY, including costs and expenses associated with the planning and
development of the Charter School such as, start up funding, land acquisition and capital
improvements including construction of the facility and CSUSA Fees, professional services
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contract fees and other out -of- pocket costs and expenses, shall be reimbursed to the CITY
from Charter School revenues. The reimbursement schedule shall be included in the
proposed Charter School Annual Budget.
6.3.6.1 Procedure for Payment. In order to receive funds from
the CITY pursuant to this Section, CSUSA shall prepare and submit invoices to the City
Manager, CSUSA shall submit to the CITY a schedule for payroll at the beginning of the
academic year. This schedule may be amended from time to time, as appropriate. The
CITY shall be required to wire or ACH transfer payment from the Charter School Fund for
the payroll at least five (5) business days prior to a schedule payroll date or other set due
date, as applicable. For all other Charter School expenses for which CSUSA is seeking
payment, CSUSA shall submit invoices to the City Manager and such other expenses shall
be deemed due, subject to the provisions of Section 10 for Administrative and Educational
Services Fees, upon approval by the City Manager after receipt by the CITY of the invoices
and such source documents, supporting schedules, summaries and explanations as may
reasonably be requested by the City Manager from time to time ( "approved expenditures ").
The City Manager shall direct payment from the Charter School Fund to CSUSA for all
approved expenditures within seven (7) business days. CSUSA agrees to provide the
CITY, within ten (10) business days, source documents, supporting schedules, summaries
and explanations as may reasonably be requested by the City Manager from time to time.
CSUSA shall immediately reimburse the CITY for any unallowable Charter School
expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any
Department or Division of the State of Florida or Federal Government.
6.4 Human Resource Management.
6.4.1 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. As specified in Section 5.4.2 of this Agreement, the
Charter School Principal and Key City Personnel, as determined in the CITY's sole
judgment, shall be employees of the CITY and selected by the City Manager. The CITY will
establish job descriptions, salaries and benefits for the Charter School Principal and Key
City Personnel. At the CITY's option, CSUSA shall recruit qualified personnel for the
Charter School Principal and Key City Personnel, and the CITY may conduct its own
recruiting efforts for qualified personnel for these positions, for selection by the City
Manager. The parties agree that the Charter School Principal and CSUSA will work
together to perform their respective responsibilities for the day -to -day operations of the
Charter School and for carrying out the mission of the Charter School based on the goals
and objectives as stated in the Administrative and Educational Services Agreement
Documents.
6.5 Charter School Department. The CITY has established a Charter
School Department which is responsible to the City Manager. CSUSA shall be accountable
to the City Manager. Neither the City Commission nor its members shall give orders to
CSUSA, its employees or employees of the City Charter School Department, either publicly
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or privately. Recommendations for improvements in Charter School operations by
Commissioners shall be made solely to and through the City Manager.
6.6 Annual Review of Performance Criteria. No later than October 31 sc
of each year, the CITY and CSUSA shall review the minimum performance criteria
established in Section 5.6, including measurement methodology and assumptions, to jointly
verify and /or modify the criteria, requirements, measurement methods and assumptions to
accurately and appropriately evaluate the performance and effectiveness of CSUSA and
the Charter, School as contemplated in the Administrative and Educational Services
Agreement Documents. The CITY may, at its sole option, modify the measurement
methods and /or assumptions should it determine that such modifications are necessary to
more accurately and appropriately evaluate the performance and effectiveness of CSUSA
and the Charter School as contemplated in the Administrative and Educational Services
Agreement Documents. During the annual review, CSUSA and the CITY shall additionally
determine the specific tests /instruments upon which the minimum performance criteria
delineated in Section 5.6.1 shall be based for the subsequent school year.
6.7 Other Activities. The CITY shall be responsible for providing all
information and performing all other activities required of the CITY during the term of this
Agreement to maintain a fully operational Charter School.
7. Cooperation. The parties shall, in good faith, share all information received
from the Chartering Entity necessary to comply with mutual obligations herein. Any
information, whether written or oral, which is transmitted by the Chartering Entity to the
parties shall be shared between the parties promptly.
8. Additional Mutual Obligations. The parties hereto shall actively and
diligently coordinate responsiveness and response to compliance to all federal, state, and
local rules and regulations; and any other operational activities or functions occasioned by
the relationship set forth in this Agreement in a concerted effort to meet the goals and
objectives established in the Administrative and Educational Services Agreement
Documents.
9. Charter Schools Funding Resources. All revenues, grants, and revenue
allocations received by or targeted to the Charter School, shall be directed to and retained
in the Charter School Fund, as established by the CITY.
10. Administrative and Educational Services Fees. Subject to annual
appropriations by the City Commission, the CITY shall pay CSUSA annual Administrative
and Educational Services fees for the performance by CSUSA of its responsibilities as
provided in this Agreement as follows:
10.1 Administrative and Educational Services Fee. The annual
Administrative and Educational Services Fee shall be as follows:
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July 1, 2013 to June 30, 2014:$279,000
July 1, 2014 to June 30, 2018: 4.3% of the sum of student enrollment
July 1, 2018 and thereafter: To be negotiated
The funding for student enrollment, as adjusted, shall be the sum of district operating funds
from the Florida Education Finance Program (FEFP), including gross state and local funds,
discretionary lottery funds, and discretionary operating millage funds divided by total district
funded weighted full -time equivalent (WFTE) students times the weighted full -time
equivalent students of the Charter School and the Charter School's proportionate share of
categorical program funds included in the FEFP, less 5 %, and as may be adjusted for
factors including, but not limited to, changes in the number of enrolled students, state
holdbacks and state prorations, and a proportional share of any unfounded WFTE for
Group 2 programs. The calculation for the student enrollment shall include Capital Outlay
dollars but shall not include Race to the Top funds, A+ State Recognition funds, MAP
funding or transportation funding. The formula to determine sum of student enrollment shall
be Florida Education Finance Program + Capital Outlay less 5% School Board
Administration Charge. The sum of student enrollment fee shall not exceed $300 per
student.
All payments to CSUSA for the Administrative and Educational
Services Fee shall be paid on a monthly basis, with each payment representing 1/12 of the
annual Administrative and Educational Services Fee.
For the purposes of this Agreement, the number of "enrolled students"
shall be equal to the Chartering Entity's FTE student count used to determine FTE Funding
for the Charter School.
10.2 In order to supplement and enhance the County, State or Federal funds
that are normally associated with the operation and development of a school, the CITY and
CSUSA shall endeavor to obtain revenues from other sources, including grants and
donations (the "Additional Revenues ").
11. Insurance. CSUSA shall maintain comprehensive general liability insurance
in the amount of Five Million and no /100 Dollars ($5,000,000.00) per occurrence combined
single limit and Five Million and no /100 Dollars ($5,000,000.00) in the aggregate, insuring
against property damage and personal injury and death occurring in connection with the
Charter School. In addition, CSUSA shall maintain workers compensation insurance in the
amount of the greater of Fifty Thousand and no /100 Dollars ($50,000.00) or the minimum
amount required by law.
'12. Indemnification.
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12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its elected officials, officers, employees,
and agents (the "Indemnified Parties "), harmless from any and all claims, actions, costs,
expenses, damages and liabilities, including reasonable attorney's fees and costs at both
the trial and appellate levels, arising out of, connected with or resulting from (a) the
negligence, intentional wrongful act or misconduct of CSUSA, its officers, employees and
agents, in connection with the Agreement, (b) CSUSA's breach of this Agreement or any
applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation and /or
(c) any failure by CSUSA to pay its suppliers or subcontractors. The duty to indemnify will
continue in full force and effect notwithstanding the expiration or termination of the
Agreement with respect to any claims based on acts or conditions that occurred or accrued
prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28, as
amended or superseded, the CITY agrees to indemnify, defend with counsel (reasonably
acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA
Indemnified Parties "), harmless from any and all claims, actions, costs, expenses, damages
and liabilities, including reasonable attorney's fees and costs at both the trial and appellate
levels, arising out of, connected with or resulting from (a) the negligence, intentional
wrongful act or misconduct of the CITY, its employees and agents, in connection with the
Agreement, (b) the CITY's breach of this Agreement or any applicable federal, state, local
or Chartering Entity law, ordinance, rule or regulation, and /or (c) any failure by the CITY to
pay its suppliers or subcontractors. The duty to indemnify will continue in full force and
effect notwithstanding the expiration or termination of the Agreement with respect to any
claims based on acts or conditions that occurred or accrued prior to such expiration or
termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the party
seeking indemnification shall promptly notify the other party in writing of the existence of
such claim, demand or other action giving rise to a claim for indemnification under this
provision (a "Third Party Claim ") and shall give such other party a reasonable opportunity to
defend the same at its own expense and with its own counsel, provided however that the
CITY or CSUSA shall at all times have the right to participate in such defense at its own
expense.
12.4 If, within a reasonable amount of time after receipt of notice of a Third
Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking
indemnification shall have the right, but not the obligation, to defend and to compromise or
settle (exercising reasonable business judgment) the Third Party Claim for the account and
at the risk and expense of the party responsible for indemnification hereunder. Each party
agrees to cooperate and to make available to the other party, such information and
assistance as may be reasonably requested in connection with the defense of a Third Parry
Claim.
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13. Default. A default shall be deemed to have occurred for certain events or
conditions (each, an "Event of Default'), which include, but are not limited to the following:
13.1 Any action, inaction or creation of circumstances that put the Charter, as
amended, in jeopardy of non - renewal or termination pursuant to the Charter, as amended,
or any applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation;
or
13.2 Failure to pay any amount due hereunder within thirty (30) days after
written notice to the defaulting party that such amount is due; or
13.3 Failure to remedy a material breach of this Agreement, including, but
not limited to, a default in the due and punctual observance or performance of any
provision contained herein, within thirty (30) days after written notice to the defaulting party;
or
13.4 If CSUSA shall under such law as shall be applicable to it commence
any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation
or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a
receiver, intervenor, conservator or trustee for itself or for any substantial part of its
property; or if there shall be commenced against it any such action and the same shall
remain un- dismissed; or if by any act it shall indicate its consent to, approval of, or
acquiescence in any such proceeding, or the appointment of any receiver, intervener,
conservator or trustee for it or any substantial part of its property or shall suffer any of the
same to continue undischarged; or if it shall become subject to any intervention whatsoever
that shall deprive it of the management of the aggregate of its property or any substantial
part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of
attachment, execution, or similar process against any substantial part of its property, and
such warrant, execution or process shall remain un- dismissed, unbounded or undischarged
for a period of ninety (90) days, this Agreement shall be deemed immediately terminated
upon the occurrence of such event; or
13.5 If the ownership of CSUSA shall be transferred or assigned, directly or
indirectly, without the prior written consent of the CITY, in violation of Section 36; or
13.6 If CSUSA uses funds not in accordance with the terms of this Agreement
including both negligent and fraudulent use of funds, or if CSUSA fails to obtain or maintain
any license, including the revocation of such license by an administrative or judicial body,
that may be required for CSUSA to carry on its business and perform its obligations and
functions under this Agreement. For purposes hereof, any fraudulent use of funds shall
include the use of funds by misrepresentation, concealment, nondisclosure, misleading
conduct, devices, or contrivance; or
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13.7 If any representation, statement, or warranty made in the Agreement by
CSUSA or the CITY is false, misleading, or breached in any material respect.
Upon the occurrence of an Event of Default, the non - defaulting party shall be entitled
to pursue all remedies available under law or equity, and in addition to such remedies, may
immediately terminate this Agreement with Cause in accordance with Section 14.1.
14. Termination of this Agreement. This Agreement may be terminated by the
parties as follows:
14.1 Termination with Cause or for Nonperformance. Upon the
occurrence of an Event of Default beyond applicable grace, notice and cure periods, the
non - defaulting party shall be entitled to terminate this Agreement with cause or for
nonperformance (hereinafter referred to as "Termination with Cause "), prior to the end of
the term, with seven (7) days prior written notice.
14.1.1 Termination with Cause may include, but is not limited to, failure
for CSUSA to account for its expenditures or to pay operating costs; failure to follow the
policies, procedures, rules, regulations or City- approved curriculum as adopted by CSUSA.
14.1.2 Notwithstanding the foregoing, the failure to obtain anyone of
the performance criteria in Section 5.6 of this Agreement, shall be cause for the CITY to
terminate this Agreement with cause, unless CSUSA, within thirty (30) days from receipt of
written notice from the CITY, presents and agrees to implement an action plan, acceptable
to the City Manager, detailing the actions to be taken by CSUSA to raise the performance
level to acceptable standards, provided however that the revocation of the Charter, as
amended, by the Chartering Entity, shall be cause for the CITY to terminate with cause this
Agreement, without providing CSUSA an opportunity to cure.
14.1.3 Upon Termination with Cause, the parties shall immediately
end their performance of obligations pursuant to this Agreement and shall have no further
obligations or responsibilities to each other as of the date of such termination, including any
payment obligations (except reimbursement of authorized expenses incurred by CSUSA on
behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise
indicated in this Agreement, and the non - defaulting party shall be entitled to pursue all
remedies available under law or equity in addition to the termination of this Agreement.
14.2 Termination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause "), as follows:
14.2.1 This Agreement shall terminate on June 30, 2018, unless
terminated earlier in accordance with the provisions of Section 14 or as otherwise provided
for in this Agreement.
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14.2.2 By the CITY, upon thirty (30) days advanced written notice, due
to a change in federal, state or local or Chartering Entity law, ordinance, policy, rule,
regulation or appropriations during the term of this Agreement which would materially
impact the ability to staff, operate or maintain the Charter School substantially in
conformance with the Administrative and Educational Services Agreement Documents,
including the Charter Application and the Charter, as amended. Such changes could
include, but not be limited to, a charter school capital outlay funds appropriation that does
not provide for the Charter School to receive funding substantially in accordance with the
Administrative and Educational Services Agreement Documents, including the Charter
Application and the Charter, as amended, or a modification that would substantially impact
the ability to limit the enrollment process to target the children of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason, upon
one (1) year advance written notice.
14.2.4 Upon Termination without Cause, the parties shall have no
further obligations or responsibilities to each other as of the date of such termination,
including any payment obligations (except reimbursement of authorized expenses incurred
by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except
as otherwise indicated in this Agreement.
15. Transfer of Functions Upon Termination. In recognition of the paramount
importance of maintaining the integrity and continuing operations of the Charter School,
upon the expiration of the term of this Agreement, or in the event this Agreement is
terminated pursuant to Section 14, or as otherwise indicated in this Agreement, CSUSA
agrees to cooperate with the CITY during the transition of operations of the Charter School
and for the transfer, within thirty (30) calendar days of such termination, of the documents
which relate to the planning, design, development and operating functions of the Charter
School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or
an entity selected by the CITY. Such cooperation shall include, but is not limited, to:
15.1 Assignment, in accordance with Section 5.4.2 of this Agreement, of all
employees and employment contracts of the Charter School and the transfer of employee
records to the CITY or an entity selected by the CITY.
15.2 Transfer of all student records, then current curriculum programs and
class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the
CITY or an entity selected by the CITY.
15.3 Assignment, at the CITY's sole option and in accordance with the
provisions of Section 32 of this Agreement, of all contracts, subcontracts and /or
agreements, if any, entered into by CSUSA for the Charter School, to the CITY or an entity
selected by the CITY, if such contracts or subcontracts are assignable.
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15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all
hardware, software, business applications and other intellectual property (with password
and configuration information) purchased by CITY. If CSUSA uses software or applications
for the operation of the Charter School that is not owned by CITY or the Charter School, the
CITY, at its sole option, may continue to use such software or applications. If the CITY
elects to continue to utilize CSUSA software or applications to operate the Charter School,
the CITY shall execute a license agreement with CSUSA for the use of the same for a
reasonable license fee (based upon the then existing market value) to be negotiated in
good faith by the parties.
15.5 Transfer of all property including, but not limited to, furniture, fixtures,
equipment, materials, software and hardware acquired for the Charter School by the CITY
and purchased by the CITY or through the use of funds designated for the Charter School,
to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to the
CITY or an entity selected by the CITY.
15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Agreement. This Agreement and all documents contemplated herein
including the Administrative and Educational Services Agreement Documents, represent
the entire understanding and agreement between the parties with respect to the subject
matter hereof, and supersedes all other negotiations, understandings, and representations
(if any) made by and between such parties. The provisions of this Agreement may not be
amended, supplemented, or waived orally, but only by a writing signed by the parties and
making specific reference to this Agreement.
17. Assignments. No party shall assign or pledge its rights or obligations
hereunder without the prior written consent of the other party to this Agreement, which
consent may be withheld by such party in its sole discretion except as otherwise provided
for in this Agreement.
18. Further Assurances. The parties hereby agree from time to time to execute
and deliver such further and other assurances, assignments and documents and do all
matters and things that may be convenient or necessary to more effectively and completely
carry out the intentions of this Agreement.
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19. Relationship of Parties. The relationship between the parties hereto shall
be solely as set forth herein as independent contractors and neither party shall be deemed
to be an employee, agent, partner, or joint venturer of the other.
20. Interpretations. This Agreement shall not be construed more strictly against
one party than against the other merely because it may have been prepared by counsel for
one of the parties, it being recognized that both parties have contributed substantially and
materially to its preparation.
21. Time of the Essence. Time of performance by either party of each and
every provision or covenant herein contained is of the essence of this Agreement. CSUSA
shall be responsible for ensuring the timely performance of all activities and responsibilities
required during the term of this Agreement, including the production of documents, in
compliance with all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations, to ensure that the Charter School is maintained as a fully operational
Charter School in compliance with the Administrative and Educational Services Agreement
Documents and the Charter, as amended, during the term of this Agreement. For the
purpose of this Agreement, "timely" shall include a reasonable time for review,
consideration, and /or modification by the City Manager, and, whenever deemed necessary
by the City Manager, shall include the appropriate time necessary for submission,
consideration and /or approval by the Aventura City Commission.
22. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives, successors, and permitted assigns.
23. Notices. All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
or 23.3 to:
23.1 hand delivery;
23.2 registered or certified mail, return receipt requested;
23.3 overnight courier, or
23.4 facsimile with a hard copy followup pursuant to Sections 23.1, 23.2
If to CSUSA: Charter Schools USA at Aventura, L.C.
6245 N. Federal Highway, Suite 500
Fort Lauderdale, Florida 33308
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202 -2047
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With a copy to: Tripp Scott, P.A.
110 S. E. 6th Street, 15th Floor
Fort Lauderdale, Florida 33301
Attn: Edward J. Pozzuoli, Esq.
Fax: (954) 761 -8475
If to the City: Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax: (305) 466 -8919
With a copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
200 E. Broward Blvd.
Suite 1900
Fort Lauderdale, FL 33301
Attn: David Wolpin, Esq.
Fax: 954 - 764 -7770
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered:
23.4.1 on the date delivered if by hand delivery or overnight courier,
23.4.2 on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as not deliverable, as the case
may be, if mailed; and
23.4.3 on the date of transmission with confirmed answer if by fax.
24. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
25. Severability. If any part of this Agreement or any other agreement entered
into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or
regulation, such provision shall be inapplicable and deemed omitted to the extent so
contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and
shall be given full force and effect so far as possible.
26. Waivers. The failure or delay of any party at any time to enforce this
Agreement shall not affect such party's right to enforce this Agreement at any other time.
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Any waiver by any party of any breach of any provision of this Agreement shall not be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver
of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No
notice to or demand on any party in any case shall entitle such party to any other or further
notice or demand in any other circumstance.
27. Outside Business. Nothing contained in this Agreement shall be construed
to restrict or prevent, in any matter, CSUSA or its representatives or principals from
providing services to any third -party similar to the services provided pursuant to this
Agreement.
28. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies on any person other than the parties hereto and
their respective legal representatives, successors, and permitted assigns, nor is anything in
this Agreement intended to relieve or discharge the obligation or liability of any third person
to any party to this Agreement, nor shall any provision give any third person any right to
subrogation or action over or against any party to this Agreement.
29. Jurisdiction and Venue. The parties acknowledge that a substantial portion
of the negotiations, anticipated performance and execution of this Agreement occurred or
shall occur in Miami -Dade County, Florida, and that, therefore, without limiting the
jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and
unconditionally:
29.1 agrees that any suit, action or legal proceeding arising out of or relating
to this Agreement may be brought in the courts of record of the State of Florida in Miami —
Dade County or the court of the United States, Southern District of Florida in Miami —Dade
County.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
29.3 waives any objection which it may have to the laying of venue of any
such suit, action, or proceeding in any of such courts.
30. Enforcement Costs. In the event of any controversy arising under or relating
to the interpretation or implementation of this Agreement or any breach thereof, the
prevailing party shall be entitled to recover all court costs, expenses, and reasonable
attorneys' fees (including, without limitation, all pre - trial, trial and appellate proceedings)
incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
31. Remedies Cumulative. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
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cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
32. Contracts and Subcontracts CSUSA may contract and /or subcontract for
the performance of any of its responsibilities set forth in this Agreement, subject to notice to
the CITY, such notice to indicate if the contract and /or subcontract will provide for
assignment to the CITY in the event of the termination of this Agreement, and the CITY's
opportunity to review any and all proposed contracts and /or subcontracts in connection with
the performance of the duties, functions, and responsibilities under this Agreement.
CSUSA shall be responsible for the management of all contractors and /or subcontractors in
the performance of their work. Nothing herein shall create any relationship, contractual or
otherwise, between CITY and any contractor or subcontractor. Notwithstanding the rights of
CSUSA to enter into such contracts, subcontracts and agreements and the contractual
obligations of contractor or subcontractor to CSUSA, CSUSA shall remain liable to the
CITY for the performance of Services under this Agreement.
Any and all contracts, subcontracts and agreements entered into by CSUSA pursuant to
this Agreement shall (i) contain insurance and indemnity requirements in favor of the CITY
consistent with Sections 5.2.8 and 12 of this Agreement, (ii) if possible, provide that the
CITY is a third part beneficiary of such contract, subcontract or agreement, and (iii) if
possible, include provisions that provide for the assignment of these contracts,
subcontracts or agreements, at the CITY's sole option, to the CITY, or an entity of the
CITY's selection, upon the expiration of the term of this Agreement or in the event this
Agreement with CSUSA is terminated pursuant to the terms herein. In the event of such
assignment, CSUSA and the CITY shall be responsible for their respective duties under the
terms of this Agreement until the date of assignment. CSUSA shall indemnify the CITY for
the acts and omissions of CSUSA occurring prior to the date of assignment, and the CITY
shall indemnify CSUSA for the acts and omissions of the CITY following the occurrence of
the date of assignment. CSUSA shall provide CITY with copies of all contracts,
subcontracts and agreements to ensure they comply with the foregoing.
33. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
34. Governing Law. This Agreement and all transactions contemplated by this
Agreement shall be governed by, construed, and enforced in accordance with the internal
laws of the State of Florida, without regard to principles of conflicts of laws.
35. Proprietary Information. The CITY agrees that CSUSA shall own all
copyrighted and other proprietary rights to all instructional materials, training materials,
curriculum and lesson plans, or any other materials created and developed by CSUSA, its
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employees, agents or subcontractors, or by any individual working for or supervised by
CSUSA, which is specifically identified by CSUSA in writing as being copyrighted or
proprietary, provided however that any such materials prepared or developed by Charter
School staff as a responsibility of their school position, during normal work hours, or during
time for which the individual is being paid from Charter School funds shall not be
copyrighted or proprietary to CSUSA unless authorized by the City Manager.. CSUSA shall
have the sole and exclusive right to license such materials for use by other school districts,
other public schools, or other customers, or to modify and /or sell such materials for use by
school districts, other public schools or other customers. Notwithstanding the same, in the
event of expiration or termination of this Agreement, the CITY shall have the right to use
such materials during the life of the Charter School provided the CITY pays a reasonable
license fee (based upon the then existing market value) to CSUSA; however, the CITY shall
have no rights to use such materials beyond the life of the Charter School. During the term
of this Agreement, CSUSA may disclose such proprietary information, including that which
is currently in existence as well as that which may be created in the future. The CITY, to
the extent permitted by law, shall treat all proprietary information specifically identified in
writing by CSUSA as though it were a trade secret and copyrighted and shall use efforts as
may be reasonably requested by CSUSA so as not to disclose, publish, copy, transmit,
modify, alter or utilize such proprietary information during the Term of this Agreement or at
any time after its expiration other than to the extent necessary for implementation of this
Agreement or as licensed from CSUSA for the continuing planning, design, development
and operation of the Charter School ; provided, however, that CSUSA acknowledges that
any information provided to the CITY may be a public record under Florida law and may be
subject to disclosure.
36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the
CITY with CSUSA in its current ownership form and in reliance on the expertise of the
current principals and owners of CSUSA, including Jonathan Hage. No substantial change
in ownership or any other form of control of CSUSA shall be transferred, pledged,
mortgaged or assigned, directly or indirectly, without the prior written consent of the CITY,
through the City Manager. For purposes of this Agreement "substantial change in
ownership" shall be defined as when a majority of CSUSA ownership is not maintained by
Jonathan Hage. In determining whether to approve of any such transfer, pledge, mortgage
or assignment, the City Manager may consider, without limitation:
36.1 whether the now current individual principals and managers of CSUSA
will continue to retain total responsibility for the performance of CSUSA
Services for the Charter School;
36.2 the qualifications and character of the individuals or entities that are to
receive the transferred or assigned interest from CSUSA.
The CITY, upon considering the approval of the transfer or assignment, shall not
unreasonably withhold approval of such based upon the foregoing criteria.
4/18/2013
30
37. Additional Audits. In addition to the audits required pursuant to Section
5.3.2 of this Agreement, the CITY shall have the right, at any time during business hours, at
the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or
caused to be inspected and audited by a certified public accounting firm selected by the
CITY, the business records, bookkeeping and accounting records, tax records and returns
and other records of CSUSA with respect to this Charter School and this Agreement.
CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the
foregoing business records are retained by CSUSA following the expiration or earlier
termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and
make available to the CITY such books and records for a period of six (6) years following
the expiration or earlier termination of this Agreement.
38. Police /Regulatory Powers. CITY cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it
may relate to regulations of general applicability which may govern the Charter School and
the facility, and any improvements or operations relative thereto. Nothing in this Agreement
shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to
exercise its police powers and governmental powers by approving or disapproving or taking
any other action in accordance with its zoning and land use codes, administrative codes,
ordinances, rules and regulations, federal laws and regulations, state laws and regulations,
and grant agreements.
[SIGNATURES APPEAR ON THE NEXT PAGE]
4/18/2013
31
IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in
triplicate. One counterpart each has been delivered to CITY and CSUSA.
ATTEST:
Teresa M Soroka, MMC
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
WITNESSES:
Signature
Print Name
Signature
Print Name
CITY OF AVENTURA, FLORIDA
Eric M. Soroka, City Manager
CHARTER SCHOOLS USA AT
AVENTURA, L.C.
In
Jonathan K. Hage, President
CHARTER SCHOOLS USA, INC.
0
Jonathan K. Hage, President
4/18/2013
32
ADMINISTRATIVE AND EDUCATIONAL SERVICES
AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
and
CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and
CITY OF AVENTURA
for the
AVENTURA CITY OF EXCELLENCE SCHOOL
TABLE OF CONTENTS
1.
Recitals
32
2.
Definitions
32
3.
Term
54
4.
Charter School
54
5.
Services to be provided by CSUSA
54
6.
Responsibilities of the City
4-813
7.
Cooperation
2420
8.
Additional Mutual Obligations
204
9.
Charter Schools Funding Resources
204
10.
Administrative and Educational Services Fees
204
11.
Insurance
205
12.
Indemnification
215
13.
Default
226
14.
Termination of this Agreement
236
15.
Transfer of Functions Upon Termination
259
16.
Entire Agreement
3269
17.
Assignments
2_630
18.
Further Assurances
2639
19.
Relationship of Parties
3426
20.
Interpretations
3426
21.
Time of the Essence
3426
22.
Binding Effect
3426
23.
Notices
X27
24.
Headings
3227
25.
Severability
3328
26.
Waivers
3328
27.
Outside Business
3328
28.
Third Parties
3328
29.
Jurisdiction and Venue
3328
30.
Enforcement Costs
3429
31.
Remedies Cumulative
3426
32.
Contracts and Subcontracts
3429
33.
Counterparts
3530
34.
Governing Law
3530
35.
Proprietary Information
3530
36.
Sale or Transfer of interest in CSUSA
3530
37.
Additional Audits
3631
38.
Police /Regulatory Powers
3631
ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT FOR THE
AVENTURA
CITY OF EXCELLENCE SCHOOL
THIS ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT (the
"Agreement ") is made and entered into as of the day of , 20042013, by
and among CHARTER SCHOOLS USA, INC., a Delaware corporation; CHARTER
SCHOOLS USA AT AVENTURA, L.C., a Florida limited liability company (collectively
"CSUSA "); and CITY OF AVENTURA ( "CITY "), a Florida municipal corporation.
WITNESSETH:
and
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA in aG6GGiatiE)R with Charte
SGhoolhe gee Developers, IIRG (hpreina#er referred o as the "DEVEI OPER ") to design,
operate and maintain a Charter Elementary School for the CITY; and
WHEREAS, the CITY entered into the July 2, 2002 Management Agreement for the
Aventura Charter Elementary School (hereinafter referred to as "GlementaFy Agreement ")
to organize, manage, staff, operate and maintain the Charter Elementary School that
opened for the 2003 -2004 school year; and
.• r.
RUMMAN
..
POP "N
and
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA in aG6GGiatiE)R with Charte
SGhoolhe gee Developers, IIRG (hpreina#er referred o as the "DEVEI OPER ") to design,
operate and maintain a Charter Elementary School for the CITY; and
WHEREAS, the CITY entered into the July 2, 2002 Management Agreement for the
Aventura Charter Elementary School (hereinafter referred to as "GlementaFy Agreement ")
to organize, manage, staff, operate and maintain the Charter Elementary School that
opened for the 2003 -2004 school year; and
.• r.
2004 meeting, apPreved a Resolution selecting the DEVELOPER to design and build t
middle - ' ' - addition; and the CITY has enteFed inte the DEVELOPMENT
.A.CGREEFEINAENT between CHARTER SCHOOLHOUSE DEVELOPERS, INC. and THE CITY
OF AVENTURA FOR DESIGN AND BUILD MIDDLE SCHOOL WING ADDITION To
CHARTER SCHOOL; and
WHEREAS, the GITY and The SGheol Board of Miami Dade Geunty, Florida (hereina
"GhaFteFiRg ))
FeferFed to as approved by the Chartering Entity OR April 17, 2002 feF the Charter Elementary SGh
(hereinafter FefeFFed to as the "GhaFter",) and have eRtered into the FIRST AMF=NDMF=N-T
TO THE CHARTER SCHOOL CONTRACT approved by the GharteFiRg Entity GR jUly 14,
2004 (hereinafter FeferFed to as the "First Amendment") to provide for the addition of
middle SGh0GI GOMpenent, permit the Charter SGhGGI to seFve up to 900 students in grad
KindeFgarten through 8, and ref!eGt Ghanges iR state law or as otherwise desired by
WHEREAS, in December of 2004 the City and CSUSA agreed ,+ .0 ;^ the hoc+
n teFests Gf the CITY- to amend the Elementary Agreement with CSUSA, to incorporate the
requirements of the Charter and First Amendment (hereinafter referred to as the "Charter,
as amended "), add the middle school component and align CSUSA's responsibilities in
connection with the Charter School to reflect those it nt trreRtly performs performed at that
time. /hraroinMf +or rofnrrorl +n` �c "Anrnomnn +)'1 ROW, th �and
WHEREAS, the current Agreement (the" Current Agreement ") with CSUSA expires
on June 30, 2013 and both parties wish to extend the Agreement, which is in the best
interests of the School, in order to continue to provide stability to the teachers and staff
and update the Agreement to reflect the current operations; now therefore,-
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be
a part hereof.
2. Definitions. Wherever used in this Agreement, the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
2.1 Agreement - The written agreement between CITY and CSUSA
covering the Services to be performed., inGluding the ElerneRtaFy Agreemerst; *'—
414VO"/18/2013
2
2.2 CITY - The City of Aventura with whom CSUSA has entered into the
Agreement and for whom the Services are to be provided.
2.3 City Manager - The City Manager or his designee (hereinafter referred
to as " City Manager ") of the City of Aventura, who has the authority on behalf of the CITY to
grant or deny approvals and perform the CITY's responsibilities required by this Agreement.
2.4 Administrative and Educational Services Agreement Documents -
The Administrative and Educational Services Agreement Documents consist of the
Certificate(s) of Insurance, all applicable provisions of State, Federal, Chartering Entity or
local laws, ordinances, regulations, rules or policies (incorporated herein by reference); the
SGhoel as approved by the GharteFiRg Entity on DeGernbeF 12, 2004 and as amended by the
Nevember 2003 submittal of the CITY adding the middle GGheel GemponeRt (hereiRaft
the Charter
and all amendments thereto, the PFst Llmendmen+ and any additional documents which are
required to be submitted under this Agreement, and all amendments, modifications and
supplements issued or to take effect on or after the Effective Date of the Agreement.
2.5 CSUSA - Where CSUSA is indicated as the responsible party to
perform an obligation pursuant to this Agreement, the parties acknowledge and agree that
Charter Schools USA, Inc. and Charter Schools USA at Aventura, L.C. shall have joint and
several liability and responsibility to perform such obligation.
2.6 Effective Date of the Agreement.
2.6.1 This Agreement shall become effective upon the date of
execution or, if no such date is indicated, the effective date shall be the date on which the
Agreement is signed and delivered by the last of the two parties to sign and deliver. This
Agreement shall be applicable for all Services, as hereinafter defined, activities and
obligations necessary to, required by, or associated with the Charter School for the
29842013 -2005 2014 school year and thereafter.
2.6.2 The FomentaFy Current Agreement shall be applicable for all
Services, as defined in the ElementaFy Current Agreement, activities and obligations
necessary to, required by, or associated with the Charter School and the Charter, as
amended, until the Agreement becomes effective, and shall thereafter remain in effect for
those obligations and requirements that survive the Elementary Current Agreement.
2.7 School – Aventura City of Excellence School or Charter School. —
44/8944/18/2013
3
2.78 Services —Those activities that must be performed in connection with
the Charter School as set forth in this Agreement.
2.8 RFP Response The jURe 1, 2001 submittal r„
operate maiRtaiR a Charter Elementapy r O. • - of AveRtUra, which
• - - - r . • .. • r • - r nn-&nmt��-&f - - -
1 NZ., • - • . MW E" •
2.9 Written Amendment - A written amendment of the Agreement and /or
the Administrative and Educational Services Agreement Documents, signed by CITY and
CSUSA to take effect on or after the Effective Date of the Agreement.
3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be
contracted with, for the purpose of providing the Services in connection with the Charter
School in accordance with the terms of this Agreement. The term of this Agreement shall
commence as of the Effective Date of this Agreement and shall terminate on June 30,
2013 2018, unless terminated earlier pursuant to the provisions of this Agreement, subject
to any further obligations (including payment obligations) of the parties that survive
termination. The Agreement may be extended for an additional term up to five (5) years
upon agreement of both parties and provided the Miami -Dade County School Board
extends the Charter granted to the City.
4. Charter School. The Charter School shall beis a K -8 school GOMPrisede
GOMmenGing for the 2005 2006 GGhoal yea-r. CSUSA shall perform its responsibilities
regarding the Charter School in accordance with the Charter, as amended, and all
applicable federal, state, local and Chartering Entity laws, ordinances, rules and
regulations.
5. Services To Be Provided By CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services, as further specified herein. Any funds
required or expenditures to be made by CSUSA in the performance of these
responsibilities shall be substantially in conformance with the Administrative and
Educational Services Agreement Documents and the approved Charter School Annual
Budget (as hereinafter defined). It is the specific intent of the parties that the costs
associated with CSUSA's responsibilities (and fees), shall not be shifted from CSUSA into
the Charter School's operating budget. Responsibilities of CSUSA shall include, but are not
limited to, the following areas:
5.1 Education ManaqementConsulting Services
1 UM44/18/2013
4
5.1.1 Curriculum, Accountability and Testing and Sustainable
Performance. CSUSA shall:
5.1.1.1 Assist the School in Plan de -foF the implementation
of; and E)yeF °° a City- approved curriculum for the Charter School that incorporates the
performance -based State adopted Standards and complies with the
Administrative and Educational Services Agreement Documents.
5.1.1.2 Assist the School in implementing Provide for
appropriate programs for Exceptional Student Education (ESE) students and Limited
English Proficient (LEP) students, implement in accordance with federal and state laws,
local policies and procedures, and the Administrative and Educational Services Agreement
Documents.
5.1.1.3 Upon the request of the School may assist in
implementingnstre a viable assessment program for mapping student progress and
provide for the administration of all tests /assessments to the students, excluding state -
required or Chartering Entity standard tests /assessments provided to the Charter School by
or through the Chartering Entity, that are required by or associated with CSUSA's
curriculum, educational programs, the School Improvement Plan, the ARnUal RepGFt, or
other reporting or evaluation requirements.
supplied with all requiFed eF_neGessary test materials nmr%rr%rN
(e.g., large print, BFaille), ruleFs7adrninistratieR manuals, and SGOF;ng1neFrnffiRg
GSLJSA shall provide fOF SUGh test-las-e snients to be admiRistered in a timely fashion
GensisteRt with the publisher's spe6fiGations or the requiFements of the GUFFiGUI
edUGatioRal programs, the SGheel Improvement Plan, the Annual Report, or other reportiN
er evaluation requirements and an GenformanGe with state law and appropriate peliGies
ensure that Charter SGheol peFSORnel aFe provided with apprepFiate training on t
5.1.1.4 Assist the School in Evaluate Evaluating the Charter
School's success in achieving the objectives stated in the Administrative and Educational
Services Agreement Documents and the School Improvement Plan on at least an annual
basis.
5.1.1.5 Assist the School in a ra&pGR 4e fnr +h° rh7r+
complying with the requirements delineated in Florida State Board of
Education Administrative Rule 6A- 1.09981, Implementation of Florida's System of School
Improvement and Accountability, as may be amended from time to time.
11 -1 1844/18/2013
5
5.1.1.6 Assist the School in censuring that the Charter
School's program is consistent with the state education goals established by Florida
Statute 1000.03(5).
5.1.1.7 Assist the School in Make making every reasonable
effort to ensure that student performance increases from year to year, assess the possible
reasons for such performance and take all reasonable steps to enable the students to
continually progress and improve their academic performance. GSUSA shall be Fequir
meet or eXGeed all perfermanGe Griteria as set forth in the Administrative and Education
SeWiGes AgFeernent DE)GUnqeRts and perform te the 6atisfaGtien of the CITY, as her:
#er defined in SeGtien 5.6 of this ilnreernent
5.1.2 Parent Activities.
5.1.2.1 At the request of the CITY, appropriate CSUSA staff
shall attend meetings of the School Advisory Board Committee or other parent_
teaGher(nnmmunity erganizatinn to provide reports or information about the Charter School.
In order to facilitate scheduling, the CITY will periodically provide CSUSA with schedules of
the anticipated meeting dates of such organizations, to the extent available, as set forth in
Section 6.1.2 of this Agreement.
5.1.2.2. A Parent Survey substantially similar to that attached
as Exhibit "A" shall be conducted in the spring of each year.
5.2 Development and Operations Management.
5.2.1 Public Relations. Any public relations performed by CSUSA
for the Charter School including, without limitation, community outreach, press releases
and media relations, shall be coordinated with and approved by the City Manager's Office.
All media relations initiated by CSUSA, including press releases, shall require the prior
written approval of the City Manager. Press releases shall contain the name of the CITY
and its seal as designated by the City Manager. Where media contact to CSUSA is not
initiated by CSUSA, CSUSA shall notify the City Manager.
5.2.2 Contracted Services and Contract Administration.
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for CSUSA Services to be performed
or provided by third parties and which must be entered into by the Charter School during
the term of this Agreement to ensure the efficient operation of the Charter School. Said
contracts shall comply with the provisions of Section 32 of this Agreement and said
contracts and services shall comply with all applicable federal, State, local and Chartering
Entity laws, ordinances, rules and regulations.
a-
4/81A44/18/2013
6
5.2.2.2 Cafeteria Management and Food Service.
CSUSA shall coordinate negotiate and administer CSIJSA shall be FespG)Rsible for
GontFaGtiF1g, in compliance with the provisions of Section 32 of this Agreement, with public
or private entities or individuals for the provision of food service and shall provide
management services for the Charter School's cafeteria which enables the Charter School
to comply with all applicable federal, state, local and Chartering Entity, laws, ordinances,
rules, and regulations, and the Charter, as amended, regarding the provision of food
service to all students attending the Charter School. The costs associated with such
service shall be included in the approved Charter School Annual Budget and paid for from
the Charter School Fund. The City shall serve as the Food Service Sponsor as defined by
the Florida Department of Education (DOE) for the purpose of filing an application with the
DOE to participate in the National School Lunch Program (NSLP).
Feed SeFViGe Sponsor shall ensuFe that all fedeFal guid8l*Res and pFoGeduFes are followed
with regard to the administration of NSLP as outlined by the United States DepaFtmen
g !t and DOE-.—The Food Service Sponsor shall appoint a designee to be
responsible for maintaining student applications and processing monthly reimbursements
through the DOE. CSUSA shall assist in the preparation of the NSLP application and
distribution of student applications. CSUSA shall assist the Food Service Sponsor in the
collection of data to be provided in accordance with NSLP policy and procedure.
5.2.3 Student ReGruftment, Registration and EnfGttment Lottery.
shall 6.2.3.1 GSUSA • r marketing, a t • • •
• • • d + •
5.2.3.2 -1 CSUSA shall be responsible for conducting the
any lotteries, and shall ensure that the Charter
School's enrollment registration and lottery processes are in compliance with Florida
Statutes, the Administrative and Educational Services Agreement Documents, and the
Charter, as amended. As permitted by Florida Statute, GSUSXACES will give preference
to children of CITY residents.
5.2.4 Staff Recruitment.
CSUSA shall assist the School in recruitment
efforts to target well - qualified and enthusiastic administrative personnel, teachers and staff
. !Ge levels, Glass sizes and 6tudeRt/Gla6sFoorn teaGher, raties in aGGGrdanGe with the
Notwithstanding the
444x/9 /18/2013
7
requirements of this paragraph, the CITY may conduct its own marketing, public relations
and recruitment efforts to attract personnel for Charter School employment.
5.2.5 State, Local and School Board Compliance.
5.2.5.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests of
the Chartering Entity regarding the Charter School. CSUSA shall be responsible for
providing the CITY, in a timely manner, with any and all information, data, materials,
documents, records, and submittals for or associated with the Services performed by
CSUSA, that are requested by or necessary for the CITY to coordinate with the
requirements of or comply with all reasonable requests of the Chartering Entity.
5.2.5.2 Compliance with Applicable Law. CSUSA
acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's
expertise in the business of developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity. CSUSA
shall be responsible for ensuring that the Services performed by CSUSA comply, and shall
provide advice and assistance to the CITY to ensure the Charter School complies with all
applicable federal, state, local and Chartering Entity laws, ordinances, rules and
regulations.
5.2.5.3 Charter Renewal Services. CSUSA
acknowledges that CITY and the Chartering Entity entered into a Charter School contract
dated April 18, 2002 and covers a term of 15 years commencing July 1, 2003 and ending
on June 30 2018. CSUSA acknowledges and agrees to complete all tasks necessary to
obtain a charter renewal from the Chartering Entity for the CITY, including but not limited to
planning developing writing an application for renewal of the Charter in order for the City
to successfully obtain the School's Charter renewal. The parties agree that a draft of the
application shall be submitted to the City not later than ninety (90) days prior to the due
date for submittal to the Chartering EntitX. The draft shall be submitted in the agreed upon
format between the City and CSUSA so that the City may review and edit as required for
final submittal to the Chartering Entity.
5.2.6 Annual Financial Report and School Improvement Plan.
5.2.6.1 CSUSA shall provide to the CITY on a timeIV basis any
information required to prepare the Annual Financial Report and the School Improvement
Plan as reauired by Florida Law and the Charter as amended from time to time pr-e
--
OM
41/8/044/18/2013
8
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5.2.7 Records Retention: Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, and maintain all
books, records and related documents of or affecting the Charter School, resulting from,
required by, relative to or associated with the Services performed by CSUSA, that are not
proprietary to CSUSA (the "Public Records "), pursuant to the provisions of the Charter, as
amended, and Chapter 119, F.S. as amended from time to time.
5.2.7.2 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall obtain liability policies that provide for
educator professional liability insurance and auto liability. The costs associated with such
insurance shall be included in the approved Charter School Annual Budget and paid for
44489W4/18/2013
9
AT
1 - r - 1
. - - _ . - - • -
.
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5.2.7 Records Retention: Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, and maintain all
books, records and related documents of or affecting the Charter School, resulting from,
required by, relative to or associated with the Services performed by CSUSA, that are not
proprietary to CSUSA (the "Public Records "), pursuant to the provisions of the Charter, as
amended, and Chapter 119, F.S. as amended from time to time.
5.2.7.2 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall obtain liability policies that provide for
educator professional liability insurance and auto liability. The costs associated with such
insurance shall be included in the approved Charter School Annual Budget and paid for
44489W4/18/2013
9
from the Charter School Fund; provided, however, that CSUSA's corporate insurance
requirements as outlined in Section 11 of this Agreement herein, shall be separate and
distinct from the insurance requirements of the Charter School. CSUSA shall obtain
worker's compensation insurance for all CSUSA employees that are employed at the
Charter School, in compliance with the Administrative and Educational Services Agreement
Documents and all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations.
The liability policy to be obtained by CSUSA will provide liability coverage for all
Services and programs at the Charter School provided, offered or held by CSUSA. All
insurance to be obtained by CSUSA will be with financially responsible insurance
companies licensed to do business in the State of Florida with a rating of A or better; will
name as insureds CSUSA and CITY, as their respective interests may appear; and will
require written notice of any cancellation or change to be sent to CSUSA and CITY at least
thirty (30) days prior to cancellation termination or material change. Within five (5) days of
the Effective Date, CSUSA will deliver to the CITY copies of all insurance certificates and
policies required under this Agreement, along with receipts evidencing payment the
premiums for such insurance. CSUSA shall also provide the CITY with the foregoing
information relative to the renewal of any required insurance policy prior to the expiration of
any such policy. Each insurance policy required to be obtained by CSUSA under this
Agreement must also provide that the insurer waives all rights of subrogation which the
insurer might have against CITY. CSUSA acknowledges and agrees that the insurance
required by this Agreement and any proceeds paid in connection with any claim thereunder
shall in no way limit CSUSA's responsibilities and liabilities as set forth in this Agreement.
5.3 Financial Management.
5.3.1 Annual Budget. CSUSA shall assist the City Manager in the
preparation of a detailed annual budget (the "Charter School Annual Budget "). The
Charter School Annual Budget shall be finalized by May-Apr il 49-30 of each year for
presentation to the City Commission. The budgets shall be substantially R aGGeFdanGe with
PUFGhase requests, lease payrneRtS, debt repayme ts Gash lGaRS required,
The CITY shall ensure that the Charter School Annual Budget is
submitted to the Chartering Entity in a timely manner consistent with the Charter.
1 V81044/18/2013
10
5.4 Human Resource Management.
5.4.1 Payroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
School, including, without limitation, processing and issuing all checks, maintaining all
reports and payroll records and filing all necessary forms and returns, including worker's
compensation compliance, unemployment insurance compliance, withholding and social
security taxes and all tax and other forms relating to employment as may be required by
any federal, state or municipal authority during the term of this Agreement. All payroll and
other financial or operational records for the Charter School shall be segregated and
separated from all other CSUSA payroll records and shall be reported in a manner allowing
the payroll costs to be traced directly to the financial expenditures of the Charter School.
CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue
Service for the payment of payroll taxes for the employees referenced herein. All penalties
incurred by reason of late filing, failure to file or failure to pay shall be borne by CSUSA and
shall be the sole obligation and responsibility of CSUSA. CSUSA shall be responsible for
submitting to the City Manager reimbursement for CSUSA employees employed at the
Charter School in a form acceptable to both parties.
5.4.2 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. Except as provided below, CSUSA shall FeGFUit and
employ sufficient qualified full -time and part-time personnel to operate the Charter School
(as is necessary and appropriate during the Term of this Agreement), including without
limitation, administrators, teachers, clerical, cafeteria, and other staff to enable the Charter
School to be operated in conformance with the Administrative and Educational Services
Agreement Documents and the Charter School budget. CSUSA shall determine, in its sole
discretion, the benefits that will be provided to such personnel and shall administer the
provision of such benefits. However, the City Manager reserves the right to develop a pay
plan annually for the teachers and staff provided by CSUSA and is obligated to fund same
from the Charter School fund Budget. No disciplinary action shall be initiated by the CITY
against any CSUSA employee assigned to the Charter School without the prior written
approval of CSUSA, or as otherwise established in written CSUSA- approved procedures,
provided however that the City Manager shall have the right, at any time, to make
recommendations to CSUSA regarding disciplinary matters, including possible termination,
of the full -time and part-time personnel assigned to the Charter School. CSUSA will
consider such recommendations of the City Manager and act in accordance with their
responsibilities. At the end of each school year, the CITY shall have the right to have any
CSUSA employee not reassigned to the Charter School for the subsequent school year,
and such non - renewal of assignment shall not be considered a disciplinary action subject
to the approval of CSUSA. Any and all employment agreements shall provide for the
immediate assignability to the CITY, at its option, upon the expiration of the term of this
Agreement or in the event that this Agreement is terminated as provided herein. In the
event of such assignment, CSUSA and the CITY shall be responsible for their respective
4448/044/18/2013
12
duties under the terms of this Agreement until the date of assignment. CSUSA shall
indemnify the CITY for the acts and omissions of CSUSA occurring prior to the date of
assignment, and the CITY shall indemnify CSUSA for the acts and omissions of the CITY
following the occurrence of the date of assignment. CSUSA shall provide the CITY with
copies of all employment agreements to ensure they comply with the foregoing.
The Charter School Principal and other key personnel (Key City Personnel), as determined
in the CITY's sole judgment, shall be employees of the CITY and selected by the City
Manager. The CITY will establish job descriptions, salaries and benefits for the Charter
School Principal and Key City Personnel. At the CITY's option, CSUSA shall recruit
qualified personnel for the Charter School Principal and Key City Personnel, and the CITY
may conduct its own recruiting efforts for qualified personnel for these positions, for
selection by the City Manager. The parties agree that the Charter School Principal and
CSUSA will work together to perform their respective responsibilities for the day -to -day
operations of the Charter School and for carrying out the mission of the Charter School
based on the goals and objectives as stated in the Administrative and Educational Services
Agreement Documents.
In order to attract and compensate teachers and administrators necessary to achieve the
performance criteria set forth in this Agreement, CSUSA agrees that, in the event
additional funds are necessary to attract and compensate such teachers and
administrators, as determined by CSUSA after consultation with the City Manager, CSUSA
shall commit such funds from its Administrative and Educational Services Fee as are
necessary to accomplish this goal.
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and hours
for such reasons as labor and /or economic disputes. In the event of such work stoppages,
the CITY shall be entitled to seek any available legal or equitable remedies, including, but
not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the
interests of the CITY incident to its obligation to provide education for the students of the
Charter School. CSUSA shall ensure that all personnel that it employs for the Charter
School are subject to the terms of this paragraph.
5.4.3 Training and Professional Development.
- - -
4449A)44/18/2013
13
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CSUSA shall ensure that the Charter School's teachers are
encouraged to participate in professional development opportunities sponsored by the
Chartering Entity in order to increase teachers' content knowledge and pedagogy. The
training, continuing education, and on -going professional development to be provided by
CSUSA shall not be scheduled or provided during normal work hours or in a manner that
would interrupt the educational process, unless otherwise authorized by the CITY.GSUSA
shall be Fesponsible fbF explGFiRg the development of aR affiliation with an aGGredited
5.5 Technology Management.
5.5.1 Management Information Systems. On behalf of the Charter
School and with input from the CITY, CSUSA shall provide the following components and
functions ^�°+a,e of the Management Information System ( "MIS ") to be utilized at the
Charter School, provided however, that such MIS will comply with the terms of this Section:
• Student Information System that provides for a lottery program, student
registration, maintenance of a waitlist, student scheduling parent contact
information, reporting and discipline tracking.
GSUSA shall, in GGE)rdinatiGR and GOoperation with the CITY and in aGGGFdanGe with
SeGtdE)Rs 6.2.4 and 6.2.5 ef this AgFeer-nent, design, in6tall, implement and administer a
. This
system, in conjunction with the applications required by the Chartering Entity, shall include
business applications that meet, on an ongoing basis, any and all Federal, State, County,
11/8/944/18/2013
14
CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the
CITY ,
CSUSA agrees during the first year of this Agreement that
CSUSA IT staff will be available to the CITY as a resource during the transition of various
IT functions to the CITY. Both parties agree that the IT individual employed by CSUSA at
the School shall report to the City's Information Technology Director. The City Manager,
with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall
have full and unlimited access to the Charter School -based MIS system with assistance
from a representative of CSUSA. Upon termination of this Agreement, all hardware,
software, business applications (including password and configuration information) and
other intellectual property purchased by the CITY shall remain the property of the CITY.
The MIS system shall be and remain the property of the CITY, except as proprietary to
CSUSA as set forth in this Agreement. Responsibility for maintaining all data and records
stored and used by the Charter School shall be with CSUSA and shall be in accordance
with the Charter, as amended. The cost associated with any design, license,
implementation, and administration shall be included in the approved Charter School
Annual Budget and paid from the Charter School Fund. The CITY shall be responsible for
the design, development, implementation and maintenance of the Charter School's web
site, to which CSUSA shall be allowed to link.
5.6 Performance Criteria.
following minimum performance criteria:
attain the following:
The CITY and CSUSA shall agree to the
5.6.1 Education Ma,.,a ^° °„+.Services
5.6.1.1 For each year of operation, the Charter School shall
students
portfolio demonstrating and charting improvement and mastery of skills required at that
grade level. This pei:tfolie will be part of the Personal Learning Plan (PLP) that is the
. . will establi
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4-1A W)44/18/2013
15
eb) Tthe State
of Florida A+ Plan Grade shall be no lower than a "B ".
dc) Meet the requirements delineated in Florida State
Board of Education Administrative Rule 6A- 1.09981, Implementation of Florida's System of
School Improvement and Accountability, as may be amended from time to time.
ed) Achieve the measurable objectives specified in the
annual School Improvement Plan.
5.6.2 Development and Operations Management.
5.6.2.1 The number of enrolled students, as defined in Section
10, shall be 95% of the number of students allowed under the Charter, as amended.
5.6.2.32. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "I would recommend the Charter School to a
friend" is 90% for each year.
5.6.3. Financial Management.
5.6.3.1. The audits if any required by State Law and the
Charter, as amended, shall indicate that the financial statements are presented fairly and
that tests of compliance with laws and regulations and consideration of the internal control
over financial reporting disclose no instances of non - compliance, nor any material
11/81044/18/2013
16
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•a�_ _
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thereafter, Ih- te rate
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ye— pe,,ed year year udent iete,itieR
ex-ressing the enrolled *R the Charter
SGhGol at
beth the
number of students whe were
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5.6.2.32. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "I would recommend the Charter School to a
friend" is 90% for each year.
5.6.3. Financial Management.
5.6.3.1. The audits if any required by State Law and the
Charter, as amended, shall indicate that the financial statements are presented fairly and
that tests of compliance with laws and regulations and consideration of the internal control
over financial reporting disclose no instances of non - compliance, nor any material
11/81044/18/2013
16
weaknesses, relative to or associated with the Services to be performed by CSUSA, as
applicable.
5.6.4 Human Resources Management.
5.6.4.1. Class size and student/classroom teacher ratios shall
be maintained throughout the school year in accordance with the requirements of
applicable federal or state law (e.g., Class Size Amendment), if any, but not to eXGeed 20:1
. Any vacancy in a classroom teacher
position that results in an increase to the student/classroom teacher ratio shall be filled with
a permanent qualified teacher as soon as possible, provided however, that no such
vacancy shall remain unfilled by a permanent qualified teacher for more than four weeks
from the date of the vacancy, unless authorized by the City Manager, unless the lack of
such authorization would contradict applicable local, state or federal law.
5.6.4.2. Upon request by the School, CSUSA shall make every
reasonable effort to provide a pool of applicants who meet the State certification
requirements.
5.6.4.3. The year -
to -year retention rates for CSUSA permanent staff and for CSUSA classroom teachers,
excluding staff or teachers whose contracts are not renewed, who the CITY elects to have
not reassigned, or who are dismissed for cause and as adjusted for mobility, shall be 80 %.
5.7 Other.
5.7.1 Provision of Liaison Services. CSUSA shall designate a
member of senior management personnel to be the point of contact for the City Manager
for all issues.
5.7.2 Other Activities. CSUSA shall be responsible for ensuring that
the Services comply with the terms and conditions of the Charter, as amended, and shall,
in a timely manner, provide information and perform all other activities required of CSUSA
during the term of this Agreement to perform its responsibilities hereunder.
4449/044118/2013
/9194411812013
17
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- - - -
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substantially with
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5.6.4.3. The year -
to -year retention rates for CSUSA permanent staff and for CSUSA classroom teachers,
excluding staff or teachers whose contracts are not renewed, who the CITY elects to have
not reassigned, or who are dismissed for cause and as adjusted for mobility, shall be 80 %.
5.7 Other.
5.7.1 Provision of Liaison Services. CSUSA shall designate a
member of senior management personnel to be the point of contact for the City Manager
for all issues.
5.7.2 Other Activities. CSUSA shall be responsible for ensuring that
the Services comply with the terms and conditions of the Charter, as amended, and shall,
in a timely manner, provide information and perform all other activities required of CSUSA
during the term of this Agreement to perform its responsibilities hereunder.
4449/044118/2013
/9194411812013
17
5.7.3 Legal Services. If requested by the City Manager, CSUSA
shall provide legal representation from the firm of Tripp Scott, P.A. on behalf of the School
in dealing with matters before the Miami -Dade County School Board. The City shall be
responsible for the costs associated with such representation requested by the City
Manager. However, The City acknowlesges that Tripp Scott, P.A. is counsel for CSUSA
and herein waives any conflict for legal services provided pursuant to this paragraph.
6. Responsibilities of the CITY. The CITY shall be responsible for the
following:
6.1 Education Management
6.1.1 Except as provided in Section 5.1.1.3 of this Agreement, the
CITY School shall administer all standard tests /assessments to the students that are
required by law or Chartering Entity policy, and shall ensure that students at the Charter
School participate in all assessment programs in which the Chartering Entity's students in
comparable grades /schools participate. The CITY School will administer all such required
tests /assessments in a timely fashion consistent with the State's and Chartering Entity's
testing schedule and in conformance with the State's and Chartering Entity's policies and
procedures related to test security and test administration. The Charter School's testing
administrator will attend all test administration training sessions provided by the Chartering
Entity and shall follow all Florida Department of Education Testing Guidelines specified in
the Test Administration Manuals, as well as, the District Standards for Test Administration
and Security.
6.1.2 Parent Activities. The CITY shall coordinate and oversee all
organized parental involvement, shall work with the approved School Advisory Ind
Commitee and any parent- teacher organization established for the purposes of furthering
the goals of the Charter School, and shall coordinate parent, teacher and student
organizations. As provided in Section 5.1.2.1 of this Agreement, at the request of the CITY,
appropriate CSUSA staff shall attend meetings of the School Advisory Beard Committe or
other parent- teacher /community organization to provide reports or information about the
Charter School. In order to facilitate scheduling, the CITY will periodically provide CSUSA
with schedules of the anticipated meeting dates of such organizations, to the extent
available.
6.1.3 Extracurricular Program /Activities. The CITY shall
determine, establish, staff, operate and administer the extracurricular programs /activities
that will be offered at the Charter School, including but not limited to, before and after
school programs /activities.
11- /8!944/18/2013
18
6.1.4 Summer School. The CITY shall determine, establish, staff,
operate and administer the summer school program, if any, that will be offered at the
Charter School.
6.2 Development and Operations Management
6.2.1 Public Relations. The CITY shall coordinate all official public
relations for the Charter School including, without limitation, community outreach, press
releases and media relations.
6.2.2 Transportation. The CITY shall be responsible for contracting
with public or private entities or individuals for the provision of transportation.
6.2.3 State, Local and School Board Compliance.
6.2.3.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests of
the Chartering Entity regarding the Charter School. Unless otherwise authorized by the City
Manager, the CITY shall be responsible for submitting all documents and reports requested
or required by the Chartering Entity, the Charter, as amended, and all applicable federal,
state, local and Chartering Entity laws, ordinances, rules and regulations, including, but not
limited to the School Improvement Plan, Annual Report, Annual Budget and Annual Audit.
In accordance with Section 5.2.5.1 of this Agreement, CSUSA shall be responsible for
providing the CITY, in a timely manner, with any and all information, data, materials,
documents, records, and submittals for or associated with the Services performed by
CSUSA, that are requested by or necessary for the CITY to coordinate with the
requirements of or comply with all reasonable requests of the Chartering Entity.
6.2.3.2 Compliance with Applicable Law. Except as
provided in Section 5.2.5.2 of this Agreement, the CITY shall be responsible for ensuring
that the Charter School complies with all applicable federal, state, local and Chartering
Entity laws, ordinances, rules and regulations.
6.2.3.3 Maintenance of Charter. The CITY shall do, or
cause to be done, all things necessary to ensure that all legal requirements applicable to
the CITY, and all such conditions as may have been imposed on the CITY by the
Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any
time receive notice from any public authority or other person that the Charter School is or
may be in violation of the Charter, the rules of the Chartering Entity or any provision of any
applicable law or regulation, the party receiving such notice shall immediately notify the
other party of the asserted violation and shall thereafter work diligently together to
determine whether such asserted violation in fact exists, to correct any violation found to
exist, and vigorously contest the asserted violation if the same is found not to exist. No
444-8/4D44/18/2013
/8/944/18/2013
19
changes will be made by the CITY to the approved Charter, as amended, between the
CITY and the Chartering Entity that directly impact CSUSA's performance of its Services
without CSUSA's consent and approval; such consent and approval shall not be
unreasonably withheld.
6.2.4 Furniture, Fixtures, Equipment and Technology ( "FFE &T ").
The CITY shall be responsible for obtaining, ordering and purchasing any FFE &T to be
utilized in or by the Charter School during the term of this Agreement. CSUSA shall
provide written instructions to the CITY for obtaining, ordering and purchasing any FFE &T
necessary for the performance of CSUSA's Services. At the CITY's option, the CITY may
request CSUSA's assistance and input into the process of obtaining any FFE &T to be
utilized in or by the Charter School or that CSUSA order some or all of the FFE &T CSUSA
deems necessary for the performance of the Services. Regardless of whether the CITY or
CSUSA orders the FFE &T, order(s) for FFE &T necessary for the performance of CSUSA's
Services shall be in compliance with the written instructions from CSUSA unless mutually
agreed otherwise.
6.2.5 Books and Supplies. The CITY shall be responsible for
obtaining, ordering and purchasing the books and supplies to be utilized in or by the
Charter School during the term of this Agreement. CSUSA shall provide written
instructions to the CITY for obtaining, ordering and purchasing any books and supplies
necessary for the performance of CSUSA's Services. At the CITY's option, the CITY may
request CSUSA's assistance and input into the process of obtaining any books and
supplies to be utilized in or by the Charter School or that CSUSA order some or all of the
books and supplies that CSUSA deems necessary for the performance of the Services.
Regardless of whether the CITY or CSUSA order the books and supplies, order(s) for
books and supplies necessary for the performance of CSUSA's Services shall be in
compliance with the written instructions from CSUSA unless mutually agreed otherwise.
6.2.6 Records Retention; Public Records. The CITY shall
provide, protect, preserve, transfer and maintain both active and archival records for
current/former students in accordance with Florida Statutes and the provisions of the
Charter, as amended.
6.2.7 Insurance. Except as indicated in Section 5.2.8 of this
Agreement, the CITY shall ensure that the Charter School complies with all insurance
requirements set forth by the Chartering Entity.
6.2.8 Facility Maintenance. The CITY shall be responsible for
custodial services and ordinary repair and maintenance concerning the day -to -day
operation of the Charter School, and shall be responsible for all other repair and
maintenance, including but not limited to ground maintenance and maintenance of the
physical plant. CSUSA shall be responsible for, and pay for, any and all repairs or
replacements necessary relative to the FFE &T and the books and supplies that arise due
1118/944118/2013
20
to the intentional acts or willful misconduct of CSUSA, its employees, agents, contractors,
guest and invitees.
6.2.9 School Uniform Procurement Services. The CITY shall be
responsible for contracting with public or private entities or individuals for the purpose of
providing student uniforms to be purchased by students in conformance with the criteria
established by the Charter School.
6.2.10 Technology Management. The CITY shall be
responsible for the following Technology functions at the School:
• The design development, implementation and maintenance of the Charter
School's web site to which CSUSA shall be allowed to link.
• Email service for all school staff and employees.
• Oversee and provide onsite IT support and troubleshooting including network
infrastructure wireless management, hardware web filter management and
phone system.
• Recommending and purchasing all hardware and software required by the
School.
• Maintain a mass parent communication vehicle.
6.3 Financial Management.
6.3.1 Annual Budget. The City Manager, with assistance and
cooperation of CSUSA as specified in Section 5.3.1 of this Agreement, shall prepare and
submit to the City Commission the "Charter School Annual Budget" by May 10 of each
year. The budgets shall include, as appropriate, the total number of student stations for the
coming academic year, all capital purchase requests, lease payments, debt repayments
and /or cash loans required, operating revenues and operating expenditures for the
respective school year. —The parties shall work cooperatively together on any and all
budgetary matters and issues prior to the submission of the proposed budget to the
Aventura City Commission. The final proposed Charter School Annual Budget shall be
submitted to the Aventura City Commission for approval no later than May 10 of each year.
The CITY shall ensure that the Charter School Annual Budget is submitted to the
Charterina Entitv in a timely manner consistent with the Charter. as amended.
11181044/18/2013
21
6.3.2 Fund Raising Activities. The CITY shall be responsible for
fund raising activities on behalf of the Charter School, during the term of this Agreement,
and GSIJSA shall GOOrdiRate and GGGperate with the CITY with SUGh fund raising efforts.
6.3.3 Audits. The CITY shall ensure that required audits are
performed by the CITY's auditors in accordance with the Charter, as amended. As
specified in Section 5.3.4 -2 of this Agreement, CSUSA shall accommodate all required
audits of the Charter School and shall provide information and ensure access to all school
records and source documents required by, relative to, or associated with the Services to
be performed by CSUSA, in a timely manner. The CITY shall ensure that the annual audit
is submitted to the Chartering Entity in a timely manner consistent with the Charter, as
amended.
6.3.4 Payroll Administration. The CITY shall prepare, maintain,
administer, and report all payroll of CITY employees hired to work at the Charter School,
including, without limitation, processing and issuing all checks, maintaining all reports and
payroll records and filing all necessary forms and returns, including worker's compensation
compliance, unemployment insurance compliance, withholding and social security taxes
and all tax and other forms relating to employment as may be required by any federal, state
or municipal authority during the term of this Agreement.
6.3.5 Tax Exempt Fund Raising Activities. If the CITY concludes it
is appropriate to do so, the Charter School may seek to establish a separate tax - exempt
organization to conduct fund raising activities and receive tax deductible contributions in
support of the Charter School and /or of education generally. CSUSA shall cooperate with
such tax - exempt organization as necessary and appropriate.
6.3.6 Funding For Charter School Costs and Expenses. The CITY
shall maintain a Charter School Fund to account for expenditures and revenues associated
with the Charter School. It is understood by CSUSA and the CITY, that any and all funds
expended by the CITY, including costs and expenses associated with the planning and
development of the Charter School such as, start up funding, land acquisition and capital
improvements including construction of the aGil+t-y- facility and CSUSA Fees, professional
services contract fees and other out -of- pocket costs and expenses, shall be reimbursed to
the CITY from Charter School revenues. The reimbursement schedule shall be included in
the proposed Charter School Annual Budget.
6.3.6.1 Procedure for Payment. In order to receive funds from
the CITY pursuant to this Section, CSUSA shall prepare and submit invoices to the City
11/8/044/18/2013
22
Manager, . CSUSA
shall submit to the CITY a schedule for payroll at the beginning of the academic year.
This schedule may be amended from time to time, as appropriate. The CITY shall be
required to wire or ACH transfer payment from the Charter School Fund for the payroll at
least five (5) business days prior to a schedule payroll date or other set due date, as
applicable. For all other Charter School expenses for which CSUSA is seeking payment,
CSUSA shall submit invoices to the City Manager and such other expenses shall be
deemed due, subject to the provisions of Section 10 for Administrative and Educational
Services Fees, upon approval by the City Manager after receipt by the CITY of the invoices
and such source documents, supporting schedules, summaries and explanations as may
reasonably be requested by the City Manager from time to time ( "approved expenditures ").
The City Manager shall direct payment from the Charter School Fund to CSUSA for all
approved expenditures within seven (7) business days. CSUSA agrees to provide the
CITY, within ten (10) business days, source documents, supporting schedules, summaries
and explanations as may reasonably be requested by the City Manager from time to time.
CSUSA shall immediately reimburse the CITY for any unallowable Charter School
expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any
Department or Division of the State of Florida or Federal Government.
6.4 Human Resource Management.
6.4.1 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. As specified in Section 5.4.2 of this Agreement, the
Charter School Principal and Key City Personnel, as determined in the CITY's sole
judgment, shall be employees of the CITY and selected by the City Manager. The CITY will
establish job descriptions, salaries and benefits for the Charter School Principal and Key
City Personnel. At the CITY's option, CSUSA shall recruit qualified personnel for the
Charter School Principal and Key City Personnel, and the CITY may conduct its own
recruiting efforts for qualified personnel for these positions, for selection by the City
Manager. The parties agree that the Charter School Principal and CSUSA will work
together to perform their respective responsibilities for the day -to -day operations of the
Charter School and for carrying out the mission of the Charter School based on the goals
and objectives as stated in the Administrative and Educational Services Agreement
Documents.
6.5 Charter School Department. The CITY has established a Charter
School Department which is responsible to the City Manager. CSUSA shall be accountable
to the City Manager. Neither the City Commission nor its members shall give orders to
CSUSA, its employees or employees of the City Charter School Department, either publicly
or privately. Recommendations for improvements in Charter School operations by
Commissioners shall be made solely to and through the City Manager.
6.6 Annual Review of Performance Criteria. No later than October 31 st
of each year, the CITY and CSUSA shall review the minimum performance criteria
1-149/044/18/2013
23
established in Section 5.6, including measurement methodology and assumptions, to jointly
verify and /or modify the criteria, requirements, measurement methods and assumptions to
accurately and appropriately evaluate the performance and effectiveness of CSUSA and
the Charter School as contemplated in the Administrative and Educational Services
Agreement Documents. The CITY may, at its sole option, modify the measurement
methods and /or assumptions should it determine that such modifications are necessary to
more accurately and appropriately evaluate the performance and effectiveness of CSUSA
and the Charter School as contemplated in the Administrative and Educational Services
Agreement Documents. During the annual review, CSUSA and the CITY shall additionally
determine the specific tests /instruments upon which the minimum performance criteria
delineated in Section 5.6.1 shall be based for the subsequent school year.
6.7 Other Activities. The CITY shall be responsible for providing all
information and performing all other activities required of the CITY during the term of this
Agreement to maintain a fully operational Charter School.
7. Cooperation. The parties shall, in good faith, share all information received
from the Chartering Entity necessary to comply with mutual obligations herein. Any
information, whether written or oral, which is transmitted by the Chartering Entity to the
parties shall be shared between the parties promptly.
8. Additional Mutual Obligations. The parties hereto shall actively and
diligently coordinate gFaRt wF4ing, and response
to compliance to all federal, state, and local rules and regulations; and any other
operational activities or functions occasioned by the relationship set forth in this Agreement
in a concerted effort to meet the goals and objectives established in the Administrative and
Educational Services Agreement Documents.
9. Charter Schools Funding Resources. All revenues, grants, and revenue
allocations received by or targeted to the Charter School, shall be directed to and retained
in the Charter School Fund, as established by the CITY.
10. Administrative and Educational Services Fees. Subject to annual
appropriations by the City Commission, the CITY shall pay CSUSA annual Administrative
and Educational Services fees for the performance by CSUSA of its responsibilities as
provided in this Agreement as follows:
10.1 Administrative and Educational Services Fee. The annual
Administrative and Educational Services Fee shall be as follows:
July 1, 2013 to June 30, 2014:$279,000
July 1, 2014 to June 30, 2018: 4.3% of the sum of student enrollment
4 8/844/18/2013
24
July 1, 2018 and thereafter: To be negotiated
The funding for student enrollment, as adiusted, shall be the sum of district operating funds
from the Florida Education Finance Program (FEFP), including gross state and local funds_
discretionary lottery funds, and discretionary operating millage funds divided by total district
funded weighted full-time equivalent (WFTE) students times the weighted full-time
equivalent students of the Charter School and the Charter School's proportionate share of
categorical program funds included in the FEFP, less 5 %, and as may be adjusted for
factors including, but not limited to changes in the number of enrolled students, state
holdbacks and state prorations, and a proportional share of any unfounded WFTE for
Group 2 programs. The calculation for the student enrollment shall include Capital Outlay
dollars but shall not include Race to the Top funds, A+ State Recognition funds, MAP
funding or transportation funding. The formula to determine sum of student enrollment shall
be Florida Education Finance Program + Capital Outlay less 5% School Board
Administration Charge. The sum of student enrollment fee shall not exceed $300 per
student.
The base AdministFafive and EdUGatiGRal SeNiGes Fee shall be as follews:
The funding for enrollment,
as adjusted, shall
be the
student
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•• T.W.M.9.19M. .1.11.19-111-01.
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.
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as adjusted, shall
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•• T.W.M.9.19M. .1.11.19-111-01.
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all. .111RIS
e.1
All payments to CSUSA for the base Administrative and Educational
Services Fee shall be paid and deemed earned prG Pata by GSUSA on a monthly basis,
beginniRg july 1, -2-0, with each payment representing 1/12 of the annual base
Administrative and Educational Services Fee. PaymeRtS tO GSUSA shall not begin until
the eperatiRg fURding feF student eRrellmeRt, as adjusted, in the CharteF SGheel are
reGeived by the CITY from the GhaFtering Entity, provided hGwever, that the first paymeRt
to GSLJSA shall anGlude retFeaGtive payments to july 1, 2004, if any, and provided fwFt4e-F�
11- i8/044/18/2013
4/18/2013
25
that tht-z final menthly payment of-eaGh year shall be paid upon the CharteFing Entity's
the year
For the purposes of this Agreement, the number of "enrolled students"
shall be equal to the Chartering Entity's FTE student count used to determine FTE Funding
for the Charter School.
10.2 In order to supplement and enhance the County, State or Federal funds
that are normally associated with the operation and development of a school, the CITY and
CSUSA shall endeavor to obtain revenues from other sources, including grants and
donations (the "Additional Revenues")..CSUSA shall be eRtitled to an amount equal to ten
peFGent (10%) of all revenues reGeived frem Additienal Revenues attained frem Ron-
govempnental
11. Insurance. CSUSA shall maintain comprehensive general liability insurance
in the amount of Five Million and no /100 Dollars ($5,000,000.00) per occurrence combined
single limit and Five Million and no /100 Dollars ($5,000,000.00) in the aggregate, insuring
against property damage and personal injury and death occurring in connection with the
Charter School. In addition, CSUSA shall maintain workers compensation insurance in the
amount of the greater of Fifty Thousand and no /100 Dollars ($50,000.00) or the minimum
amount required by law.
'12. Indemnification.
12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its elected officials, officers, employees,
and agents (the "Indemnified Parties "), harmless from any and all claims, actions, costs,
expenses, damages and liabilities, including reasonable attorney's fees and costs at both
the trial and appellate levels, arising out of, connected with or resulting from (a) the
negligence, intentional wrongful act or misconduct of CSUSA, its officers, employees and
agents, in connection with the Agreement, (b) CSUSA's breach of this Agreement or any
applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation and /or
(c) any failure by CSUSA to pay its suppliers or subcontractors. The duty to indemnify will
continue in full force and effect notwithstanding the expiration or termination of the
Agreement with respect to any claims based on acts or conditions that occurred or accrued
prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28, as
amended or superseded, the CITY agrees to indemnify, defend with counsel (reasonably
acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA
Indemnified Parties "), harmless from any and all claims, actions, costs, expenses,
damages and liabilities, including reasonable attorney's fees and costs at both the trial and
appellate levels, arising out of, connected with or resulting from (a) the negligence,
11 /8/044/18/2013
26
intentional wrongful act or misconduct of the CITY, its employees and agents, in
connection with the Agreement, (b) the CITY's breach of this Agreement or any applicable
federal, state, local or Chartering Entity law, ordinance, rule or regulation, and /or (c) any
failure by the CITY to pay its suppliers or subcontractors. The duty to indemnify will
continue in full force and effect notwithstanding the expiration or termination of the
Agreement with respect to any claims based on acts or conditions that occurred or accrued
prior to such expiration or termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the party
seeking indemnification shall promptly notify the other party in writing of the existence of
such claim, demand or other action giving rise to a claim for indemnification under this
provision (a "Third Party Claim ") and shall give such other party a reasonable opportunity to
defend the same at its own expense and with its own counsel, provided however that the
CITY or CSUSA shall at all times have the right to participate in such defense at its own
expense.
12.4 If, within a reasonable amount of time after receipt of notice of a Third
Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking
indemnification shall have the right, but not the obligation, to defend and to compromise or
settle (exercising reasonable business judgment) the Third Party Claim for the account and
at the risk and expense of the party responsible for indemnification hereunder. Each party
agrees to cooperate and to make available to the other party, such information and
assistance as may be reasonably requested in connection with the defense of a Third Party
Claim.
13. Default. A default shall be deemed to have occurred for certain events or
conditions (each, an "Event of Default "), which include, but are not limited to the following:
13.1 Any action, inaction or creation of circumstances that put the Charter, as
amended, in jeopardy of non - renewal or termination pursuant to the Charter, as amended,
or any applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation;
or
13.2 Failure to pay any amount due hereunder within thirty (30) days after
written notice to the defaulting party that such amount is due, or
13.3 Failure to remedy a material breach of this Agreement, including, but
not limited to, a default in the due and punctual observance or performance of any
provision contained herein, within thirty (30) days afterwritten notice to the defaulting party;
or
13.4 If CSUSA shall under such law as shall be applicable to it commence
any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation
or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a
11/81044/18/2013
27
receiver, intervenor, conservator or trustee for itself or for any substantial part of its
property; or if there shall be commenced against it any such action and the same shall
remain un- dismissed; or if by any act it shall indicate its consent to, approval of, or
acquiescence in any such proceeding, or the appointment of any receiver, intervener,
conservator or trustee for it or any substantial part of its property or shall suffer any of the
same to continue undischarged; or if it shall become subject to any intervention whatsoever
that shall deprive it of the management of the aggregate of its property or any substantial
part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of
attachment, execution, or similar process against any substantial part of its property, and
such warrant, execution or process shall remain un- dismissed, unbounded or undischarged
for a period of ninety (90) days, this Agreement shall be deemed immediately terminated
upon the occurrence of such event, or
13.5 If the ownership of CSUSA shall be transferred or assigned, directly or
indirectly, without the prior written consent of the CITY, in violation of Section 36; or
13.6 If CSUSA uses funds not in accordance with the terms of this
Agreement including both negligent and fraudulent use of funds, or if CSUSA fails to obtain
or maintain any license, including the revocation of such license by an administrative or
judicial body, that may be required for CSUSA to carry on its business and perform its
obligations and functions under this Agreement. For purposes hereof, any fraudulent use of
funds shall include the use of funds by misrepresentation, concealment, nondisclosure,
misleading conduct, devices, or contrivance; or
13.7 If any representation, statement, or warranty made in the Agreement by
CSUSA or the CITY is false, misleading, or breached in any material respect.
Upon the occurrence of an Event of Default, the non - defaulting party shall be
entitled to pursue all remedies available under law or equity, and in addition to such
remedies, may immediately terminate this Agreement with Cause in accordance with
Section 14.1.
14. Termination of this Agreement. This Agreement may be terminated by the
parties as follows:
14.1 Termination with Cause or for Nonperformance. Upon the
occurrence of an Event of Default beyond applicable grace, notice and cure periods, the
non - defaulting party shall be entitled to terminate this Agreement with cause or for
nonperformance (hereinafter referred to as "Termination with Cause "), prior to the end of
the term, with seven (7) days prior written notice.
14.1.1 Termination with Cause may include, but is not limited to, failure
for CSUSA to account for its expenditures or to pay operating costs; failure to follow the
policies, procedures, rules, regulations or City- approved curriculum as adopted by CSUSA.
11 81844/18/2013
28
14.1.2 Notwithstanding the foregoing, the failure to obtain anyone of
the performance criteria in Section 5.6 of this Agreement, shall be cause for the CITY to
terminate this Agreement with cause, unless CSUSA, within thirty (30) days from receipt of
written notice from the CITY, presents and agrees to implement an action plan, acceptable
to the City Manager, detailing the actions to be taken by CSUSA to raise the performance
level to acceptable standards, provided however that the revocation of the Charter, as
amended, by the Chartering Entity, shall be cause for the CITY to terminate with cause this
Agreement, without providing CSUSA an opportunity to cure.
14.1.3 Upon Termination with Cause, the parties shall immediately
end their performance of obligations pursuant to this Agreement and shall have no further
obligations or responsibilities to each other as of the date of such termination, including
any payment obligations (except reimbursement of authorized expenses incurred by
CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as
otherwise indicated in this Agreement, and the non - defaulting party shall be entitled to
pursue all remedies available under law or equity in addition to the termination of this
Agreement.
14.2 Termination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause "), as follows:
14.2.1 This Agreement shall terminate on June 30, X32018, unless
terminated earlier in accordance with the provisions of Section 14 or as otherwise provided
for in this Agreement.
14.2.2 By the CITY, upon thirty (30) days advanced written notice, due
to a change in federal, state or local or Chartering Entity law, ordinance, policy, rule,
regulation or appropriations during the term of this Agreement which would materially
impact the ability to staff, operate or maintain the Charter School substantially in
conformance with the Administrative and Educational Services Agreement Documents,
including the Charter Application and the Charter, as amended. Such changes could
include, but not be limited to, a charter school capital outlay funds appropriation that does
not provide for the Charter School to receive funding substantially in accordance with the
Administrative and Educational Services Agreement Documents, including the Charter
Application and the Charter, as amended, or a modification that would substantially impact
the ability to limit the enrollment process to target the children of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason, upon
one (1) year advance written notice.
14.2.4 Upon Termination without Cause, the parties shall have no
further obligations or responsibilities to each other as of the date of such termination,
including any payment obligations (except reimbursement of authorized expenses incurred
1 1/81844/18/2013
29
by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except
as otherwise indicated in this Agreement.
15. Transfer of Functions Upon Termination. In recognition of the paramount
importance of maintaining the integrity and continuing operations of the Charter School,
upon the expiration of the term of this Agreement, or in the event this Agreement is
terminated pursuant to Section 14, or as otherwise indicated in this Agreement, CSUSA
agrees to cooperate with the CITY during the transition of operations of the Charter School
and for the transfer, within thirty (30) calendar days of such termination, of the documents
which relate to the planning, design, development and operating functions of the Charter
School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or
an entity selected by the CITY. Such cooperation shall include, but is not limited, to..
15.1 Assignment, in accordance with Section 5.4.2 of this Agreement, of all
employees and employment contracts of the Charter School and the transfer of employee
records to the CITY or an entity selected by the CITY.
15.2 Transfer of all student records, then current curriculum programs and
class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the
CITY or an entity selected by the CITY.
15.3 Assignment, at the CITY's sole option and in accordance with the
provisions of Section 32 of this Agreement, of all contracts, subcontracts and /or
agreements, if any, entered into by CSUSA for the Charter School, to the CITY or an entity
selected by the CITY, if such contracts or subcontracts are assignable.
15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all
hardware, software, business applications and other intellectual property (with password
and configuration information) purchased by CITY. If CSUSA uses software or applications
for the operation of the Charter School that is not owned by CITY or the Charter School,
the CITY, at its sole option, may continue to use such software or applications. If the CITY
elects to continue to utilize CSUSA software or applications to operate the Charter School,
the CITY shall execute a license agreement with CSUSA for the use of the same for a
reasonable license fee (based upon the then existing market value) to be negotiated in
good faith by the parties.
15.5 Transfer of all property including, but not limited to, furniture, fixtures,
equipment, materials, software and hardware acquired for the Charter School by the CITY
and purchased by the CITY or through the use of funds designated for the Charter School,
to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to
the CITY or an entity selected by the CITY.
44/99)44/18/2013
30
15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Agreement. This Agreement and all documents contemplated herein
including the Administrative and Educational Services Agreement Documents, represent
the entire understanding and agreement between the parties with respect to the subject
matter hereof, and supersedes all other negotiations, understandings, and representations
(if any) made by and between such parties. The provisions of this Agreement may not be
amended, supplemented, or waived orally, but only by a writing signed by the parties and
making specific reference to this Agreement.
17. Assignments. No party shall assign or pledge its rights or obligations
hereunder without the prior written consent of the other party to this Agreement, which
consent may be withheld by such party in its sole discretion except as otherwise provided
for in this Agreement.
18. Further Assurances. The parties hereby agree from time to time to execute
and deliver such further and other assurances, assignments and documents and do all
matters and things that may be convenient or necessary to more effectively and completely
carry out the intentions of this Agreement.
19. Relationship of Parties. The relationship between the parties hereto shall
be solely as set forth herein as independent contractors and neither party shall be deemed
to be an employee, agent, partner, or joint venturer of the other.
20. Interpretations. This Agreement shall not be construed more strictly against
one party than against the other merely because it may have been prepared by counsel for
one of the parties, it being recognized that both parties have contributed substantially and
materially to its preparation.
21. Time of the Essence. Time of performance by either party of each and
every provision or covenant herein contained is of the essence of this Agreement. CSUSA
shall be responsible for ensuring the timely performance of all activities and responsibilities
required during the term of this Agreement, including the production of documents, in
compliance with all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations, to ensure that the Charter School is maintained as a fully operational
Charter School in compliance with the Administrative and Educational Services Agreement
Documents and the Charter, as amended, during the term of this Agreement. For the
purpose of this Agreement, "timely" shall include a reasonable time for review,
consideration, and /or modification by the City Manager, and, whenever deemed necessary
1 - VW044/18/2013
31
by the City Manager, shall include the appropriate time necessary for submission,
consideration and /or approval by the Aventura City Commission.
22. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives, successors, and permitted assigns.
23. Notices. All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
or 23.3 to:
23.1 hand delivery;
23.2 registered or certified mail, return receipt requested;
23.3 overnight courier, or
23.4 facsimile with a hard copy followup pursuant to Sections 23.1, 23.2
If to CSUSA: Charter Schools USA at Aventura, L.C.
6245 N. Federal Highway, Suite 500
Fort Lauderdale, Florida 33308
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202 -2047
With a copy to: Tripp Scott, P.A.
110 S. E. 6th Street, 15th Floor
Fort Lauderdale, Florida 33301
Attn: Edward J. Pozzuoli, Esq.
Fax: (954) 761 -8475
If to the City: Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax: (305) 466 -8919
With a copy to: Weiss Serota Helfman Pastoriza Cole &
GuedesBoniske, P.AL.
00 E. Broward Blvd.
Suite 1900
Fort Lauderdale FL 33301
11/81044/18/2013
32
2665 South Bayshore Drive
Su, i t te 4.-Q
Miar.4 Florida 33133
Attn: Steven VV Zelkewit avid Wolpin, Esq.
Fax: 954 - 764 -7770
{305 4232-a
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered:
23.4.1 on the date delivered if by hand delivery or overnight courier,
23.4.2 on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as not deliverable, as the case
may be, if mailed; and
23.4.3 on the date of transmission with confirmed answer if by fax.
24. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
25. Severability. If any part of this Agreement or any other agreement entered
into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or
regulation, such provision shall be inapplicable and deemed omitted to the extent so
contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and
shall be given full force and effect so far as possible.
26. Waivers. The failure or delay of any party at any time to enforce this
Agreement shall not affect such party's right to enforce this Agreement at any other time.
Any waiver by any party of any breach of any provision of this Agreement shall not be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver
of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No
notice to or demand on any party in any case shall entitle such party to any other or further
notice or demand in any other circumstance.
27. Outside Business. Nothing contained in this Agreement shall be construed
to restrict or prevent, in any matter, CSUSA or its representatives or principals from
providing services to any third -party similar to the services provided pursuant to this
Agreement.
28. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies on any person other than the parties hereto and
their respective legal representatives, successors, and permitted assigns, nor is anything in
11- IM44I18120 13
33
this Agreement intended to relieve or discharge the obligation or liability of any third person
to any party to this Agreement, nor shall any provision give any third person any right to
subrogation or action over or against any party to this Agreement.
29. Jurisdiction and Venue. The parties acknowledge that a substantial portion
of the negotiations, anticipated performance and execution of this Agreement occurred or
shall occur in Miami -Dade County, Florida, and that, therefore, without limiting the
jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and
unconditionally:
29.1 agrees that any suit, action or legal proceeding arising out of or
relating to this Agreement may be brought in the courts of record of the State of Florida in
Miami —Dade County or the court of the United States, Southern District of Florida in Miami
—Dade County.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
29.3 waives any objection which it may have to the laying of venue of any
such suit, action, or proceeding in any of such courts.
30. Enforcement Costs. In the event of any controversy arising under or
relating to the interpretation or implementation of this Agreement or any breach thereof, the
prevailing party shall be entitled to recover all court costs, expenses, and reasonable
attorneys' fees (including, without limitation, all pre - trial, trial and appellate proceedings)
incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
31. Remedies Cumulative. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
32. Contracts and Subcontracts CSUSA may contract and /or subcontract for
the performance of any of its responsibilities set forth in this Agreement, subject to notice
to the CITY, such notice to indicate if the contract and /or subcontract will provide for
assignment to the CITY in the event of the termination of this Agreement, and the CITY's
opportunity to review any and all proposed contracts and /or subcontracts in connection
with the performance of the duties, functions, and responsibilities under this Agreement.
CSUSA shall be responsible for the management of all contractors and /or subcontractors
in the performance of their work. Nothing herein shall create any relationship, contractual
or otherwise, between CITY and any contractor or subcontractor. Notwithstanding the
11/8/844/18/2013
34
rights of CSUSA to enter into such contracts, subcontracts and agreements and the
contractual obligations of contractor or subcontractor to CSUSA, CSUSA shall remain
liable to the CITY for the performance of Services under this Agreement.
Any and all contracts, subcontracts and agreements entered into by CSUSA pursuant to
this Agreement shall (i) contain insurance and indemnity requirements in favor of the CITY
consistent with Sections 5.2.8 and 12 of this Agreement, (ii) if possible, provide that the
CITY is a third part beneficiary of such contract, subcontract or agreement, and (iii) if
possible, include provisions that provide for the assignment of these contracts,
subcontracts or agreements, at the CITY's sole option, to the CITY, or an entity of the
CITY's selection, upon the expiration of the term of this Agreement or in the event this
Agreement with CSUSA is terminated pursuant to the terms herein. In the event of such
assignment, CSUSA and the CITY shall be responsible for their respective duties under the
terms of this Agreement until the date of assignment. CSUSA shall indemnify the CITY for
the acts and omissions of CSUSA occurring prior to the date of assignment, and the CITY
shall indemnify CSUSA for the acts and omissions of the CITY following the occurrence of
the date of assignment. CSUSA shall provide CITY with copies of all contracts,
subcontracts and agreements to ensure they comply with the foregoing.
33. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
34. Governing Law. This Agreement and all transactions contemplated by this
Agreement shall be governed by, construed, and enforced in accordance with the internal
laws of the State of Florida, without regard to principles of conflicts of laws.
35. Proprietary Information. The CITY agrees that CSUSA shall own all
copyrighted and other proprietary rights to all instructional materials, training materials,
curriculum and lesson plans, or any other materials created and developed by CSUSA, its
employees, agents or subcontractors, or by any individual working for or supervised by
CSUSA, which is specifically identified by CSUSA in writing as being copyrighted or
proprietary, provided however that any such materials prepared or developed by Charter
School staff as a responsibility of their school position, during normal work hours, or during
time for which the individual is being paid from Charter School funds shall not be
copyrighted or proprietary to CSUSA unless authorized by the City Manager.. -CSUSA
shall have the sole and exclusive right to license such materials for use by other school
districts, other public schools, or other customers, or to modify and /or sell such materials
for use by school districts, other public schools or other customers. Notwithstanding the
same, in the event of expiration or termination of this Agreement, the CITY shall have the
right to use such materials during the life of the Charter School provided the CITY pays a
reasonable license fee (based upon the then existing market value) to CSUSA; however,
the CITY shall have no rights to use such materials beyond the life of the Charter School.
During the term of this Agreement, CSUSA may disclose such proprietary information,
11 i81844/18/2013
35
including that which is currently in existence as well as that which may be created in the
future. The CITY, to the extent permitted by law, shall treat all proprietary information
specifically identified in writing by CSUSA as though it were a trade secret and copyrighted
and shall use efforts as may be reasonably requested by CSUSA so as not to disclose,
publish, copy, transmit, modify, alter or utilize such proprietary information during the Term
of this Agreement or at any time after its expiration other than to the extent necessary for
implementation of this Agreement or as licensed from CSUSA for the continuing planning,
design, development and operation of the Charter School; provided, however, that CSUSA
acknowledges that any information provided to the CITY may be a public record under
Florida law and may be subject to disclosure.
36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the
CITY with CSUSA in its current ownership form and in reliance on the expertise of the
current principals and owners of CSUSA, including Jonathan Hage. No substantial change
in ownership or any other form of control of CSUSA shall be transferred, pledged,
mortgaged or assigned, directly or indirectly, without the prior written consent of the CITY,
through the City Manager. For purposes of this Agreement "substantial change in
ownership" shall be defined as when a majority of CSUSA ownership is not maintained by
Jonathan Hage. In determining whether to approve of any such transfer, pledge, mortgage
or assignment, the City Manager may consider, without limitation:
36.1 whether the now current individual principals and managers of CSUSA
will continue to retain total responsibility for the performance of CSUSA
Services for the Charter School;
36.2 the qualifications and character of the individuals or entities that are to
receive the transferred or assigned interest from CSUSA.
The CITY, upon considering the approval of the transfer or assignment, shall not
unreasonably withhold approval of such based upon the foregoing criteria.
37. Additional Audits. In addition to the audits required pursuant to Section
5.3.24 of this Agreement, the CITY shall have the right, at any time during business hours,
at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or
caused to be inspected and audited by a certified public accounting firm selected by the
CITY, the business records, bookkeeping and accounting records, tax records and returns
and other records of CSUSA with respect to this Charter School and this Agreement.
CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the
foregoing business records are retained by CSUSA following the expiration or earlier
termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and
make available to the CITY such books and records for a period of six (6) years following
the expiration or earlier termination of this Agreement.
1 U81044/18t2013
36
38. Police /Regulatory Powers. CITY cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it
may relate to regulations of general applicability which may govern the Charter School and
the aGil+tyfacilit , and any improvements or operations relative thereto. Nothing in this
Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign
right to exercise its police powers and governmental powers by approving or disapproving
or taking any other action in accordance with its zoning and land use codes, administrative
codes, ordinances, rules and regulations, federal laws and regulations, state laws and
regulations, and grant agreements.
[SIGNATURES APPEAR ON THE NEXT PAGE]
1 1-/8/044/18/2013
37
IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in
triplicate. One counterpart each has been delivered to CITY and CSUSA.
ATTEST: CITY OF AVENTURA, FLORIDA
By: By:
Teresa M Soroka, CMCMMC Eric M. Soroka, City Manager
City Clerk
APPROVED AS TO FORM:
City Attorney
WITNESSES: CHARTER SCHOOLS USA AT
AVENTURA, L.C.
By:
Signature Jonathan K. Hage, President
Print Name
Signature
Print Name
CHARTER SCHOOLS USA, INC.
LM
Jonathan K. Hage, President
11/x/044/18/2013
38
pp-
AVENTURA CITY OF EXCELLENCE SCHOOL
3333 NE 188TH Street
Aventura, Florida 33180
Telephone: 305 - 466 -1499
Fax: 305 -466 -1339
Website: www.aventuracharter.org
Board of Directors
Mayor Susan Gottlieb
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
City Manager
Eric M. Soroka, ICMA -CM
Principal
Julie Alm
Assistant Principals
Leslie Lee
Jorge Paz
Administrative and Educational Services Provided by:
Charter Schools USA
CITY OF AVENTURA
CHARTER SCHOOL FUND
FISCAL YEAR 2013/14
TABLE OF CONTENTS
TOPIC
PAGE NO.
CITY MANAGER'S BUDGET MESSAGE
1
BUDGET PROCESS
9
BUDGET DEVELOPMENT GUIDELINES
10
VISION STATEMENT
13
PHILOSOPHY AND ESSENTIAL ELEMENTS
13
CURRICULUM
13
PERFORMANCE CRITERIA
15
BUDGET CATEGORY SUMMARY
18
DEPARTMENT DESCRIPTION AND ORGANIZATION CHART
19
REVENUE PROJECTIONS
20
ACTIVITIES
Expenditures:
K -3 Basic
21
4 -8 Basic
22
Exceptional Student Program
23
Substitute Teachers
24
Instructional Media Services
25
School Administration
26
Pupil Transit Services
27
Operation of Plant
28
Child Care Supervision
29
Capital Outlay
30
ADOPTING ORDINANCE
31
Office of the City Manager
April 2013
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
The Honorable Mayor and City Commission
Aventura City of Excellence School Board of Directors
City of Aventura
Aventura, Florida 33180
RE: 2013/14 Charter School Fund Budget Message
Members of the City Commission:
In accordance with Article IV, Section 4.05 of the Charter of the City of Aventura, I hereby
submit the proposed Budget for the Charter School Fund for the fiscal year beginning July
2013, for your review and consideration. This budget document represents the 11th year of
operation of the Aventura City of Excellence School. Our goal in the development and
preparation of a realistic balanced budget was to provide the funding levels to maintain the
quality education services for our students.
Budget Format
The format of the budget is in accordance with guidelines adopted by the State and School
Board of Miami -Dade County, Florida and utilizes the school system's account codes as well.
The proposed budget was prepared with input from the school's administrative staff and
Charter Schools USA (CSUSA).
Significant Factors Affecting Budget Preparation
The 2013/14 school year represents the 11th year of operations of the school. Our past has
shown that we can continue to operate the school at a high level and provide quality education
for our students, within the school -based revenues. We have also been fortunate to have a
strong business community and involved parents that participate in fund raising activities for
school improvements.
Based on proposals submitted at the State level the FTE revenues are expected to increase by
2 %. As approved last year, the departmentalization of the fourth grade will increase the school
enrollment by 12 more students this upcoming year. Over the next three years, as the
additional students move up in grade, this will increase each grade by 12 students. The
school's capacity enrollment will increase from 984 to 996 students for the 2013/14 school
year.
City of Aventura Page 1 Charter School Fund Budget
As the state shifts to the rigorous Common Core Standards, there are more students in need
of additional support. A new full -time position was included in the budget who will be a
Response to Intervention Specialist to monitor and provide instruction for at risk learners and
oversee instructional strategies for professional development for teachers.
Based on the new Agreement between the City and Charter Schools USA ( CSUSA), the City
will be assuming more responsibilities as it relates to technology management at the school.
These costs are included in the budget. In addition, based on the new Agreement, the fee for
CSUSA will be $47,000 less compared to last year's budget.
The following items represents other important highlights:
• Revenue in the amount of $100,000 from the Intersection Safety Camera
Program is included to assist in funding the contingency line item in the budget.
• Teacher salary increases will reflect a step increase based on the revised pay
plan. In addition returning teachers will be rewarded with a service award based
on years of service. The pay plan continues to exceed Miami -Dade County
Schools' current plan.
• A Math Specialist teacher position will be re- classified to (Science, Technology,
Engineering and Math (STEM) Coordinator to oversee the school's efforts to
expand program offerings throughout the school. During the first year, initiatives
of the ACES STEM program will include a nine week course for all sixth grade
students that will provide an introduction to Computer Programing. Students in
grades K — 5 will participate in activities that teach engineering and design
concepts. In grades sixth through eighth students will experience interdisciplinary
project -based learning.
• A laptop classroom pilot program designed to increase achievement and
engagement of at risk readers in grades sixth to eighth is included.
• Funds have been budgeted to provide for computer replacements and expanding
the use of iPads in the classroom.
The overall budget increased by 3.0% or $228,513, largely due to the addition of one new
postion and employee salary increases. The budget includes funding for lease payments to the
Debt Service Fund to pay annual costs associated with the long term debt borrowed for the
construction of the elementary school wing. It is important that we continue to maximize the
school dollars as much as possible and maintain efficient use of budgeted funds
Summary of All Budgetary Funds
The total proposed budget for 2013/14, including all operating and capital outlay, is
$7,913,409. The majority of the budget is Personnel Services at $5,350,282. Operating
expenditures total $1,870,627. Other Uses expenditures, which primarily represent lease
payments to the Debt Service Fund to cover school construction debt payments and a
contingency, account total $532,000. Capital Outlay expenditures are $160,500. The following
chart shows a comparison of the department's budgets for the past two years. Total costs
increased by 3.0 %.
City of Aventura Page 2 Charter School Fund Budget
Budget Category Summary
Charter School Fund
This fund is used to account for revenues and expenditures specifically earmarked for the
City's Charter School. The fund accounts for operating and capital revenues, expenditures and
capital outlay.
State Shared
Revenues
86.9%
Charter School Fund Budget Revenues
Charges for
Services
. Income
6.8 'Yo
Jon -
ues
3.7 �O
City of Aventura Page 3 Charter School Fund Budget
Increase
2012/13
2013/14
(Decrease)
% Change
evenues
State Shared Revenues
$ 6,508,983
$
6,880,340
$
371,357
5.7%
Charges for Services
161,100
186,100
25,000
15.5%
Misc. Income
520,534
542,000
21,466
4.1%
Other Non - Revenues
494,279
304,969
(189,310)
-38.3%
Total Revenues
$7,684,896
$
7,913,409
$
228,513
3.0%
Expenditures
K -3 Basic
$ 2,031,945
$
2,099,677
$
67,733
3.3%
4 -8 Basic
2,453,518
2,569,078
115,560
4.7%
Exceptional Student Program
225,614
225,029
(585)
-0.3%
Substitute Teachers
83,341
84,516
1,175
1.4%
Instruct Media Services
71,342
66,493
(4,849)
-6.8%
School Administration
825,369
812,700
(12,669)
-1.5%
Pupil Transit Services
184,000
184,000
-
0.0%
Operation of Plant
1,579,753
1,572,551
(7,202)
-0.5%
Child Care Supervision
128,015
138,864
10,849
8.5%
Capital Outlay
102,000
160,500
58,500
57.4%
Total Expenditures
$ 7,684,896
$
7,913,409
$
228,513
3.0%
Charter School Fund
This fund is used to account for revenues and expenditures specifically earmarked for the
City's Charter School. The fund accounts for operating and capital revenues, expenditures and
capital outlay.
State Shared
Revenues
86.9%
Charter School Fund Budget Revenues
Charges for
Services
. Income
6.8 'Yo
Jon -
ues
3.7 �O
City of Aventura Page 3 Charter School Fund Budget
Charter School Fund Budget Expenditures
Substitute
Exceptional Taarharc Inctrurt Madia
Goals
!s
Transit
-vices
Z%
I Care
rvision
Capital Outlay 2%
2%
The 2013/14 school year represents the eleventh year of operations for ACES. This past year
a great deal of time and effort was expended on professional development and curriculum
alignment based on Florida's Next Generation Sunshine State Standards and transition to
Common Core, increasing parental involvement, intramural and competitive sport programs
and identifying and working with at —risk students. This year we will maintain and expand all
our present academic programs with an emphasis on professional development and
implementation related to the Common core standards. These standards replace the current
Next Generation Sunshine State Standards in 2014/15.
ACES will enrich a child's learning and social atmosphere through:
• Whole Child Approach - Emphasis will be placed on the "whole child" to ensure that
academic rigor coexists with social responsibility.
• Character Education — Implement and expand ACES award winning and nationally
recognized program that encourages our students, families and communities to "live"
their values. Programs include parent and community workshops and the infusion of
character education across the curriculum.
• Challenging Curriculum — Offer high school level courses in the areas of Math, Science
and Foreign Language.
• Curriculum Alignment — Increase academic rigor through the alignment of ACES writing
and math programs kindergarten through eighth grade.
• Differentiation of instruction — Provide specialized programs for at -risk learners, on -level
learners and gifted students.
• Technology Rich Environment — Engage students through the use of computer labs,
computers, Smart Boards, document readers, projectors in classrooms, instructional
City of Aventura Page 4 Charter School Fund Budget
software and online programs. All students will have the opportunity to participate in
instructional programs featuring iPads with wireless connectivity. ACES will pilot a
laptop classroom designed to increase achievement nad engagement of at risk readers
in grades six to eighth.
• Extended School Day Programs /Activities — Offer a variety of opportunities including
Before Care and After Care, Sports Study, several Dance programs, French Classes,
Chess Club, Science Tutorial, Writing Tutorial, Reading and Math Computerized
Program, Java Programming, Test Taking Strategies and Saturday School.
• Field Trips — Experience hands -on content, living history, ecological studies, guest
authors and a variety of culturally rich opportunities through a combination of on
campus and off campus field trips.
• School -Wide Events — Organize various events such as Career Day, Red Ribbon Week,
Peace Day and Field Day.
• Career Awareness and Entrepreneurship — Register all eighth grade students in a
comprehensive course that will allow them to begin career planning and develop and
implement a small business. Also integrate a variety of learning experiences focused on
integrating Science, Technology, Engineering and Math (STEM).
• Competitive Athletics — Compete at the middle school level in the Florida High School
Athletic League. The school fields a boys and girls team for both basketball and soccer.
Offerings also include a competitive flag football team and a competitive volleyball team.
• Intramural Athletics — Afford students at the middle school level opportunities to play
intramural basketball, volleyball. All students have an opportunity to participate in after
school tennis.
• Family Events — Make available various events that include Meet and Greet, Open
House, Kindergarten Kickoff, Student of the Month, Book Fair, Winter Showcase
Graduation Ceremonies, Talent Showcase and Quarterly Principal's Honor Roll
Breakfasts.
• Parent Education — Execute FCAT reading, math, writing and science nights that
present parents with information related to state standards and accountability testing.
Monthly parent workshops related to social, emotional and physical wellbeing of
children and families.
• Transportation — Provide students living further than 2 miles from the school and no
further than 3.5 miles bus service. Currently four buses provide transportation for
approximately 400 students.
• Safe School Campus — Employ a full -time certified police officer to the school that
serves as a School Resource Officer. Traditional security methods including cameras
are in place.
Revenues
The revenues, available for allocation in the 2013/14 Fiscal Year, are anticipated to be
$7,913,409. This is an increase of $228,513 or 3.0% compared to the prior year. The majority
of the increase is associated with increased FTE funding from the State budget.
State Shared Revenues — The amount projected for Florida Education Finance Program
revenues is $6,071,340 and is based on $5,946 per student after the deductions for the
transportation reimbursement component and the 2% held back by the School Board for
administrative costs. The revenues for next year have been estimated to increase by 2%
City of Aventura Page 5 Charter School Fund Budget
based on anticipated actions taken by the State Legislature. School lunch reimbursement
revenues are estimated to be $71,000. The transportation reimbursement amount is $147,000
and is based on 305 students requiring bus service. Capital Outlay revenue is estimated to be
$500,000.
Charges for Services — The amount projected for reimbursement from the food service vendor
is projected to be $6,100. After School Program includes revenues derived from fees charged
for Before and After School Programs and is estimated to be $180,000.
Miscellaneous Income — The total amount is $542,000. This includes revenues from the Clear
Channel agreement for proceeds from the billboard advertising, field trips /special programs
revenues and fundraising activities. This is offset by specific expenditures in the budget.
Other Non - Revenues — This represents a $100,000 transfer from the General Fund for
revenues from the City's Intersection Safety Camera Program and anticipated fund balance
amounts from the prior year's budget.
Expenditures
The estimated 2013/14 expenditures contained within this budget total $7,913,409 and are
balanced with the projected revenues.
Personnel Services
Personnel Services are budgeted at $5,350,282 or 68% of the budget. Personnel Services
reflects funding to increase teacher salaries to reflect a step increase based on the new pay
plan. In addition returning teachers will be rewarded with a service award based on years of
service. The pay plan will continue to exceed Miami -Dade County Schools. The total number
of employees is 91 full -time and 15 part-time. An Aide position was reclassified from full -time to
part-time. Included in the full -time positions are 80 instructional staff members and a Computer
Network/Technician. All employees except the Principal, 2 Assistant Principals and Janitor are
under contract with CSUSA.
The budget includes adding one teacher that will act as the Response to Intervention
Specialist. This position will identify, progress monitor and provide instruction for at risk
learners and assist in professional development for teachers as it relates to best instructional
strategies.
City of Aventura Page 6 Charter School Fund Budget
The following outlines the staffing level detail comparisons to the prior fiscal year:
3`ota1,
91-00 144.00 x#.40 l tip
Operating Expenses
The expenditures for operating expenses are $1,870,627, which represents 24% of the budget.
This is $15,900 more than the prior year. The major expenses are as follows:
• CSUSA education /administrative fee - $279,000
• Textbooks - $156,000
• Transportation services contract - $184,000
• Other materials and supplies - $148,500
• Electricity - $161,000
• Building maintenance contract - $225,000
• Field Trips and School Events - $215,000
City of Aventura Page 7 Charter School Fund Budget
2012113 2
2013114
Function J
Job Class F
Full Time P
Part Time F
Full Time P
Part Time
5101 T
Teacher 3
31.00 -
- 3
31.00 -
-
Para - Professionals -
- 7
7.00 -
- 7
7.00
Reading Specialist 1
1.00 1
1.00
Instructional Counselor 1
1.00 1
1.00
Assistant Principal 1
1.00 1
1.00
Aide 1
1.00 1
1.00
5102 T
Teacher 4
40.00 4
41.00 -
-
Assistant Principal 1
1.00 1
1.00
Aide 1
1.00 -
- 1
1.00
5250 T
Teacher 2
2.00 2
2.00 -
-
Dean of Student Services 1
1.00 1
1.00
5901 S
Substitute Teacher 1
1.00 -
- 1
1.00 -
-
6200 M
Media Specialist 1
1.00 1
1.00 1
1.00 1
1.00
7300 P
Principal 1
1.00 -
- 1
1.00 -
-
Dean of Academics 1
1.00 1
1.00
Business Manager 1
1.00 1
1.00
Administrative Secretary 1
1.00 1
1.00
Receptionist 2
2.00 2
2.00
Registrar /Compliance 1
1.00 1
1.00
Computer Network/Tech 1
1.00 1
1.00
7900 J
Janitor 1
1.00 1
1.00
9102 P
P/T After School Counselor 1 5
5.00 5
5.00
PIT After School Counselor II 1
1.00 1
1.00
91-00 144.00 x#.40 l tip
Operating Expenses
The expenditures for operating expenses are $1,870,627, which represents 24% of the budget.
This is $15,900 more than the prior year. The major expenses are as follows:
• CSUSA education /administrative fee - $279,000
• Textbooks - $156,000
• Transportation services contract - $184,000
• Other materials and supplies - $148,500
• Electricity - $161,000
• Building maintenance contract - $225,000
• Field Trips and School Events - $215,000
City of Aventura Page 7 Charter School Fund Budget
• Repairs and Maintenance - $91,500
• Office Equipment Leases - $28,000
Other Uses
Other Uses expenditures total $532,000 primarily represent lease payments to the Debt
Service Fund to cover the elementary school wing construction debt payments. Other
expenditures include a contingency account and costs associated with utilizing the Arts &
Cultural Center.
Capital Outlay
A total of $160,500 has been budgeted for capital outlay to replace computers and servers,
upgrade network switches, replace AV equipment and smartboards and expand the mobile
classroom.
Summary
I am pleased to submit the detailed budget contained herein. The budget document and its
related funding levels represent the City's continued commitment to providing a school of
excellence for our community.
The budget contains funding levels to address the following key objectives:
• Hiring and retaining administrators and teachers who are well prepared for creating life-
long learners in their students as well as acting as role models in their own quest for
knowledge on the latest "best practices" in educational research to enhance their
teaching abilities.
• Putting into place a strong accountability system that will hold everyone at ACES
responsible for maximizing learning opportunities.
• Creating a school climate that enables students and teachers to feel they are cared for,
respected, and contributing members of ACES.
• A low staff -pupil ratio in order to enhance the development of the individual strengths of
each student.
• Continuing to use data to evaluate the efficacy of instructional programs.
• Developing a strong parent- teacher relationship.
• Maximizing the use of technology embedded in classroom instruction as well as in a lab
setting.
The preparation and formulation of this document could not have been accomplished without
the assistance and dedicated efforts of the School's Administration. All questions relating to
the budget should be referred to my attention.
Respectfully submitted,
Eric M. S oka
City Manager
City of Aventura Page 8 Charter School Fund Budget
BUDGET PROCESS
Budget Preparation /Development
1. January: Meetings are held with the Principal, school staff and City Manager to develop
Goals and to discuss issues that may impact the budget for the upcoming school year.
2. February: Preliminary Revenue projections and forecasts are developed by the City
Manager. The following steps are followed to project revenues:
• Forecast student enrollment
• The State's Florida Education Finance Program (FEFP) per student allocation is
projected by the State and provided to the charter school.
• Capital Outlay funding is determined by the State based on available funding.
3. March: Personnel needs are developed based on input from the Principal and staff. The
following steps are utilized to forecast personnel:
• Review existing staffing requirements to ensure adequate coverage for student
needs and new programs.
• Review salary structure to ensure competitiveness with the school district.
• Benefits calculations such as Workers' Compensation, Life Insurance, Health
Insurance, and Pension are provided by CSUSA and developed for each qualifying
employee.
4. April: Individual expenditure line items are developed by the City Manager based on
input from the Principal and historical data. A draft of the budget document is prepared
by the City Manager. The draft is reviewed by the Principal and the Finance
Department.
5. April /May: The budget is reviewed by the School Advisory Committee. The City
Manager submits budget to the City Commission who act as the Board of Directors for
the School.
6. June: The budget is loaded into the accounting system.
7. July: Budget goes into effect.
Budget Adoption
The Charter School budget is approved via Ordinance at two public meetings scheduled for
May and June conducted by the City Commission. The adopted budget is integrated into the
accounting software system effective July 1st.
Budget Control /Monitoring
Funds appropriated in the Budget may be expended by and with the approval of the City
Manager in accordance with the provisions of the City Charter and applicable law. Funds of the
City shall be expended in accordance with the appropriations provided in the Budget and shall
constitute an appropriation of the amounts specified therein. Supplemental appropriations or the
reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City
Charter.
The Budget establishes a limitation on expenditures by department total. Said limitation requires
that the total sum allocated to the Charter School department for operating and capital expenses
may not be increased or decreased without specific authorization by a duly- enacted Ordinance
affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from
City of Aventura Page 9 Charter School Fund Budget
one individual line item account to another, so long as the line item accounts are within the same
department and fund.
The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However,
the City Manager may amend said authorized budgeted positions in order to address the
operating needs of the department so long as sufficient budgeted funds are available. The
budget is monitored on a monthly basis to track variances between actual and budgeted
amounts. Significant variances are investigated and monitored for corrective action. Quarterly
review meetings are held with the Principal and City Manager. Encumbrances do not constitute
expenditures or liabilities in the current year, but instead are defined as commitments related
to unperformed contracts for goods or services, which are only reported in governmental
funds.
Budget Amendment
Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the
City Manager determines that the department total will exceed its original appropriation, the City
Manager is authorized to prepare such Ordinances for consideration by the City Commission as
may be necessary and proper to modify any line item from the Budget.
Basis of Accounting
Basis of Accounting refers to the time period when revenues and expenditures are recognized in
the accounts and reported on the financial statements. Basis of accounting relates to the timing
of the measurements made, regardless of the measurement focus applied. The accrual basis of
accounting is followed for the proprietary fund types. The modified accrual basis of accounting is
followed in the governmental fund types and the expendable trust funds type. Under the modified
accrual basis of accounting, revenues are recorded when susceptible to accrual, that is, when
they are both measurable and available. Available means collectible within the current period or
soon enough thereafter to pay current liabilities. Expenditures are generally recognized under the
modified accrual accounting when the related fund liability is incurred. Exceptions to the general
rule are principal and interest on general long -term debt which is recognized when due.
The Charter School Fund Budget applies all applicable GASB pronouncements as well as the
following pronouncements issued on or before November 30, 1989, unless those
pronouncements conflict with or contradict GASB pronouncements: Financial Accounting
Standards Board (FASB) statements and interpretations, Accounting Principles Board (APB)
opinions and Accounting Research Bulletins (ARBs).
During June 1999, the Government Accounting Standards Board (GASB) issued Statement
No. 34. This statement established new accounting and financial reporting standards for state
and local governments. The Charter School Fund implemented the new financial reporting
requirements of GASB 34.
BUDGET DEVELOPMENT GUIDELINES
Financial Policies
The Charter School's financial policies, compiled below, set forth the basic framework for the
overall fiscal management of the school. Operating independently of changing circumstances
City of Aventura Page 10 Charter School Fund Budget
and conditions, these policies assist the decision - making process of the City Manager and
School's Administration. These policies provide guidelines for evaluating both current activities
and proposals for future programs.
Most of the policies represent long- standing principles; traditions and practices that have
guided the Charter School in the past and have helped maintain financial stability over the last
2 years. They are reviewed annually as a decision making tool and to ensure their continued
relevance in an ever - changing environment.
Operating Budget Policies
1. The Charter School will maintain at a minimum, an accessible cash reserve equivalent to
four weeks of operating costs.
2. No new or expanded services shall be implemented without a corresponding revenue
source or the implementation of trade -offs of expenses or revenues at the same time. This
applies to personnel, equipment and any other peripheral expenses associated with the
service.
4. The Charter School shall continue to support a scheduled level of maintenance and
replacement of its infrastructure.
5. The Charter School shall support capital expenditures that reduce future operating costs.
Capital Budget Policies
1. The Charter School will develop a multi -year plan for capital improvement that is updated
annually with documentation of deviations from the plan.
2. The Charter School will maintain its physical assets at a level adequate to protect the
Schoo''s capital investment and minimize future maintenance and replacement costs. The
budget will provide for the adequate maintenance and the orderly replacement of the capital
equipment from current revenues wherever possible.
3. The Charter School will provide sufficient funds to replace and upgrade equipment as well
as to take advantage of new technology thereby ensuring that employees have safe and
efficient tools to provide their service. It reflects a commitment to further automation and use of
available technology to improve productivity in the Charter School's work force. The objective
for upgrading and replacing equipment includes: (1) normal replacement as equipment
completes its useful life, (2) upgrades to new technology, and (3) additional equipment
necessary to service the needs of the Charter School.
4. The Charter School will use the following criterion to evaluate the relative merit of each
capital project. Capital expenditures will foster goals of:
a. Projects specifically included in an approved replacement schedule.
b. Projects that reduce the cost of operations.
c. Projects that significantly improve safety and reduce risk exposure.
Revenue Policies
1. The School will attempt to maintain a diversified and stable revenue system as a shelter
from short-run fluctuations in any single revenue source.
2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced
budget.
City of Aventura Page 11 Charter School Fund Budget
3. The School will review fees /charges annually and will design or modify revenue systems to
include provisions that automatically allow charges to grow at a rate that keeps pace with the
cost of providing the service.
Cash Management/investment Policies
1. The School will deposit all funds received by 2:00 PM the next day.
2. Investment of School funds will emphasize safety of capital; liquidity of funds and investment
income.
3. The School will collect revenues aggressively, including any past due amounts owed.
Reserve Policies
1. The School will maintain a fund balance of at least $75,000.
Accounting, Auditing, and Financial Reporting Policies
1. An independent audit will be performed annually.
2. The Charter School will produce annual financial reports in accordance with Generally
Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting
Standards Board (GASB).
City of Aventura Page 12 Charter School Fund Budget
AVENTURA CITY OF EXCELLENCE SCHOOL
VISION STATEMENT
To join with our community to become the premier charter school in the nation where
academic excellence coexists with the promotion of social responsibility grounded in an
atmosphere of human dignity.
AVENTURA CITY OF EXCELLENCE SCHOOL
PHILOSOPHY AND ESSENTIAL ELEMENTS
The Aventura City of Excellence School staff believes that we have a responsibility to create a
school climate that enables every individual to feel cared for, respected and to act as
contributing members of the school culture. All students can learn and will be encouraged to
strive for academic excellence and personal growth that will enable them to be productive and
active members of society. In the practical application of this philosophy, opportunities shall be
provided to:
1. Develop in each student and professional staff member a sense of self -worth and a
positive self- concept
2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation,
humility, happiness and responsibility toward each other, our community and our world
3. Develop in each student an understanding of and responsibility for making positive
personal and social choices
4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of
teachers and their teaching through ongoing professional development
5. Provide each student with experiences to develop an awareness of good health habits
and attitudes for living by encouraging each student to perceive learning as a life -long
continuing process from pre - school through adulthood
6. Encourage, through educational reporting, city and district officials, the citizens of
Aventura, and the professional staff to support quality education in the school
7. Use assessment data to identify and track student achievement and learning goals
8. Develop school programs based on "best practices" to promote learning gains
9. Develop strong parent- teacher - student relationships
10. Provide a strong accountability system that holds everyone at the schoolhouse
responsible for maximizing learning opportunities
11. Provide a low student - teacher ratio in order to enhance the development of the
individual strengths of each student
12. Provide additional staff members for enrichment and remediation services
13. Develop in each student the ability to think critically, make inferences, apply knowledge
to new settings and use these skills to make wise choices
CURRICULUM
The ACES curriculum is connected to state and national content standards and the school's
goals for student learning are coordinated or integrated across different disciplines. The
curriculum's sequence is rational, with more complex ideas building on simpler ones,
respecting each student's developmental levels and prior learning. Teachers and students are
accountable for all state and local assessments in addition to internal formal and informal
assessments and observations.
City of Aventura Page 13 Charter School Fund Budget
Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for
independent practice. ACES students have access to Internet -based instructional programs at
home and at school. Students in kindergarten through fifth grade utilize the ACES computer
lab weekly. Sixth grade students enroll in a nine -week technology course, with an emphasis on
computer programming. Seventh grade students are required to enroll in a year long Computer
Concepts courses designed to expose them to all facets of the technology available to them.
Eighth grade students take a year -long technology aided career awareness and
entrepreneurship course.
ACES offers a variety of programs to meet the needs of all learners. The English Speakers of
Other Languages (ESOL) program is offered to students who are working toward English
language proficiency. Classroom teachers servicing ESOL students have undergone special
training related to strategies that enhance language acquisition. The ACES ESOL Coordinator
collaborates with classroom teachers related to instructional modifications that aide in content
comprehension.
Exceptional Education students are serviced within the general classroom, reducing social
stigmas and enhancing the continuity of instruction. The ESE teacher collaborates with
classroom teachers to ensure that "strategies for success" are implemented in all subject
areas.
Students with speech and language needs are serviced by a Speech and Language
Pathologist and students with occupational therapy needs are serviced by a specialist. These
programs are offered to students who qualify for services based on school district
requirements.
At risk readers are targeted through a variety of intervention courses and strategies. ACES
Literacy Team teaches at- risk - readers grades Kindergarten through eighth grade in small
group settings. This supplemental reading program provides intensive instruction using
research based programs such as Story Town Targeted Intervention and Read 180.
ACES is focused on meeting the needs of all students. To this end, ACES offers a variety of
extended school day programs. These programs target specific student needs and are offered
both before and after school. These programs include small group writing instruction, focused
math tutorials, science study group and a Saturday reading program.
Gifted students in grades 1 and 2 receive "Gifted Instruction" in Language Arts and Reading
daily. Project -based applications encompassing the sciences; arts, math, and language allow
students an opportunity to combine their creativity and practical knowledge. Eligible students
in grades 3, 4, and 5 have an opportunity to enroll in a gifted language Arts /Reading course
and a gifted Math course. Eligible students in middle school have an opportunity to enroll in
gifted courses.
ACES science laboratory program provides students with hands -on application of core
curriculum. Students in second through fifth grade visit the science lab weekly and students in
kindergarten and first grade conduct experiments within their classrooms. All middle school
students enroll in comprehensive science courses that emphasizes hands -on investigation.
City of Aventura Page 14 Charter School Fund Budget
ACES students are exposed to eco- literarcy through participation in our outdoor garden
project.
ACES Modern Language Program places emphasis on four basic components of language
acquisition (e.g., listening, speaking, reading and writing). Students build an understanding of
the relationship between perspectives and products of various cultures. Middle School students
are required to enroll in Spanish courses throughout their middle school career at ACES. The
elementary Spanish program is offered to all kindergarten through fifth grade students and
emphasizes cultures and conversational speaking.
ACES Middle School Program offers academic rigor in conjunction with an extraordinary
selection of extracurricular activities and elective programs. ACES students have the
opportunity to enroll in high school level Spanish, Physical Science, Biology, Algebra and
Geometry and to select one of five elective courses. These elective courses include Media
Production, Modern Dance, Art, Guitar, Team Sports and Drama. All middle school students
are invited to participate in after school teams including volleyball, basketball and tennis. ACES
also participates in the Independent Athletic League and offers competitive boys and girls
basketball and competitive boys and girls soccer, competitive girls volleyball and boys flag
football. These programs are funded through the school budget and offered at no cost to
students.
Elementary school students also enjoy a variety of special subject classes daily. These
programs include art, physical education, technology, media, Spanish, writing and music. Each
Friday Elementary students participate in a club. Clubs vary from year to year based on
student interest. Currently ACES is offering the following clubs; Bolleywood Dance, Baton,
Board Games, Latch Hook, Scrapbooking, Table Tennis, Jazz Dance, Middle Eastern Dance,
Latin Dance, French, Origami, Yoga, Kickball, Soccer, Basketball and Healthy
Eating /Gardening.
PERFORMANCE CRITERIA
1) Indicator: All students will maintain a portfolio demonstrating and charting improvement and
mastery of skills required at that grade level. This portfolio will be part of the Personal Learning
Plan (PLP) that is the compendium of parent, student and teacher conferences. Each PLP will
establish academic goals for each individual student in relation to his /her performance and
progress.
2007/08 Actual: Complete
2008/09 Actual: Complete
2009/10 Actual: Complete
2010/11 Actual: Complete
2011/12 Actual: Complete
2) Indicator: The State of Florida A+ Plan Grade shall be no lower than a "B ".
2007/08 Actual: A
2008/09 Actual: A
2009/10 Actual: A
2010/11 Actual: A
2011/12 Actual: A
City of Aventura Page 15 Charter School Fund Budget
3) Indicator: Meet the requirements delineated in Florida State Board of Education
Administrative Rule 6A- 1.09981, Implementation of Florida's System of School Improvement
and Accountability, as may be amended from time to time.
2007/08 Actual: Complete
2008/09 Actual: Complete
2009/10 Actual: Complete
2010/11 Actual: Complete
2011/12 Actual: Complete
4) Indicator: Percent of parents that completed all 20 required volunteer hours by the end of
the year.
2007/08 Actual: 100%
2008/09 Actual: 100%
2009/10 Actual: 100%
2010/11 Actual: 100%
2011/12 Actual: 100%
5) Indicator: Number of students enrolled shall be 95% of the number allowed by the School
Charter.
2007/08 Actual: 100%
2008/09 Actual: 100%
2009/10 Actual: 100%
2010/11 Actual: 100%
2011/12 Actual: 100%
6) Indicator: The year -to -year retention rate shall be 90 %.
2007/08 Actual: 98%
2008/09 Actual: 98%
2009/10 Actual: 98%
2010/11 Actual: 98%
2011/12 Actual: 98%
7) Indicator: The percentage of parents who on the Parent Survey agree or strongly agree to
the statement that "I would recommend the Charter School to a friend" is 90 %.
2007/08 Actual: 99%
2008/09 Actual: 99%
2009/10 Actual: 99%
2010/11 Actual: 99%
2011/12 Actual: 99%
8) Indicator: The audits required by State Law and the Charter shall indicate that the financial
statements are presented fairly and that tests of compliance with laws and regulations and
consideration of the internal control over financial reporting disclose no instances of non-
compliance, nor any material weaknesses.
2007/08 Actual: All in compliance
2008/09 Actual: All in compliance
City of Aventura Page 16 Charter School Fund Budget
2009/10 Actual: All in compliance
2010/11 Actual: All in compliance
2011112 Actual: All in compliance
9) Indicator: Class size and student/classroom teacher ratios shall be maintained throughout
the school year at 18:1 for kindergarten through third grade and an average of 22:1 for all
grades fourth through eighth.
2007/08 Actual: All in compliance
2008/09 Actual: All in compliance
2009/10 Actual: All in compliance
2010/11 Actual: All in compliance
2011/12 Actual: All in compliance
10) Indicator: Reading - Percent of Students in the school on grade level and above in
Reading. This is based on the Sunshine State Standards and exhibited in proficiency on the
Florida Comprehensive Assessment Test (FCAT).
2007/08 Actual: 88%
2008/09 Actual: 93%
2009/10 Actual: 92%
2010/11 Actual: 92%
2011/12 Actual: 88%
11) Indicator: Math - Percent of Students in the school on grade level and above in Math. This
is based on the Sunshine State Standards and exhibited in proficiency on the Florida
Comprehensive Assessment Test (FCAT).
2007/08 Actual: 88%
2008/09 Actual: 87%
2009/10 Actual: 85%
2010/11 Actual: 92%
2011/12 Actual: 88%
12) Indicator: Writing - Percent of students in the school on grade level and above in Writing.
This is based on the Sunshine State Standards and exhibited in proficiency on the Florida
Comprehensive Assessment Test (FCAT).
2007/08 Actual: 89%
2008/09 Actual: 92%
2009/10 Actual: 87%
2010/11 Actual: 90%
2011/12 Actual: 94%
13) Indicator: All Students will achieve high science standards as measured by Sunshine
State Standards Performance Standards.
2007/08 Actual: 69%
2008/09 Actual: 73%
2009/10 Actual: 67%
2010/11 Actual: 76%
2011/12 Actual: 81 %
City of Aventura
Page 17
Charter School Fund Budget
CITY OF "ENTURA
CHARTER SCHOOUlNi31
BUDGET CATEGORY SUMMARY
2013114 (July 1 - June 30)
FUND DESCRIPTION
REVENUE PROJECTIONS
State Shared Revenues
$ 6,458,160
$ 6,508,983
$ 3,142,636 $
6,880,340
Charges for Services
190,889
161,100
88,822
186,100
Misc. Income
593,929
520,534
308,979
542,000
Other Non - Revenues
100,000
494,279
444,279
304,969
Total Revenues $ 7, 2,978 7,684,896 $ 3;984,776 $ 7;97�,4�19
K -3 Basic
4 -8 Basic
Exceptional Student Program
Substitute Teachers
Instruct Media Services
School Administration
Pupil Transit Services
Operation of Plant
Child Care Supervision
Capital Outlay
EXPENDITURES
$ 1,796,700 $ 2,031,945 $ 783,663 $ 2,099,677
2,364,882
2,453,518
1,009,544
2,569,078
222,307
225,614
89,206
225,029
147,560
83,341
66,488
84,516
71,358
71,342
29,684
66,493
977,534
825,369
411,276
812,700
183,600
184,000
109,140
184,000
1,419,195
1,579,753
715,467
1,572,551
149,389
128,015
71,686
138,864
139,346
102,000
106,129
160,500
Total Ever tlI re s 7,471,877 7,x;896 $ 3.39 2 1
,39 ,283 ' $ 7,913,40
Revenues over(under) Expenditures
City of Aventura
$ (128,893) $ 0 $ 592,433 $ (0)
Page 18
Charter School Fund Budget
CITY OF AVENTURA
CHARTER SCHOOL FUND 190
REVENUE PROJECTIONS
2013/14
Other Non - Revenues:
3811039 3610 Transfers In $ 100,000 $ 100,000 $ 50,000 $ 100,000
3999000 3489 Beginning Surplus - 394,279 394,279 204,969
Subtotal $ 100,000 $ 494,279 $ 444,279 $ 304,969
City of Aventura Page 20 Charter School Fund Budget
State Shared Revenues:
3359050
3261
School Lunch Reimbursement
$
96,428
$
71,000
$
22,618
$
71,000
3359100
3310
Florida Education Finance Program
5,672,284
5,722,983
2,909,209
6,071,340
3359201
3361
A+ Revenues
68,040
68,000
-
91,000
3359800
3354
Transportation
135,993
147,000
58,502
147,000
3359910
3391
Capital Outlay
485,415
500,000
152,307
500,000
Subtotal
$
6,458,160
$
6,508,983
$
3,142,636
$
6,880,340
Charges for Services:
3478050
3450
Food Service Fees
$
-
$
6,100
$
-
$
6,100
3479050
3473
After School Programs
190,889
155,000
88,822
180,000
Subtotal
$
190,889
$
161,100
$
88,822
$
186,100
Misc. Income:
3611000
3431
Interest Earnings
$
5,451
$
10,000
$
2,610
$
9,000
3661900
3495
Misc. Revenues
149,378
150,000
99,182
150,000
3661910
3495
Sport Program Fundraising
9,900
2,500
2,865
3,000
3661955
3467
Field Trips /Special Programs
203,327
200,034
84,473
200,000
3692000
3469
Special events
30,362
13,000
18,968
30,000
3665000
3469
Other Private Source Revenue
195,511
145,000
100,881
150,000
Subtotal
$
593,929
$
520,534
$
308,979
$
542,000
Other Non - Revenues:
3811039 3610 Transfers In $ 100,000 $ 100,000 $ 50,000 $ 100,000
3999000 3489 Beginning Surplus - 394,279 394,279 204,969
Subtotal $ 100,000 $ 494,279 $ 444,279 $ 304,969
City of Aventura Page 20 Charter School Fund Budget
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 -6001 -569
K -3 Basic 5101
Personnel Services
330
Travel/Conferences/Training $
2,413 $
3,500 $
106 $
1220
120
Teacher
$ 1,260,871 $
1,322,655 $
518,044 $
1,351,660
1230
130
Other Certified Instruction
91,247
163,783
35,756
171,043
4,500
5410
Reading Specialist
Memberships /Dues /Subscription
-
1,500
-
1,500
5411
Instructional Counselor
Textbooks
44,634
54,000
36,052
60,000
Assistant Principal
subtotal $
74,115 $
98,500 $
69,918 $
1250
150
Kindergarten Aides (P/T) 7
99,965
96,353
51,982
97,299
Admin. Asst.
-
-
-
1502
291
Bonuses
31,942
48,000
2,201
48,000
1503
291
Stipends
-
22,725
-
22,475
2101
221
Social Security- matching
109,969
121,084
44,638
123,930
2201
211
Pension
3,470
11,385
2,822
11,664
2301
231
Health, Life & Disability insurance
82,206
121,430
41,521
137,843
2302
232
Dental Insurance
13,261
6,720
6,220
13,952
2401
241
Workers' Compensation
8,595
19,310
4,143
12,312
2501
250
Unemployment Compensation
21,059
-
6,418
5,000
subtotal
$ 1,722,585 $
1,933,445 $
713,745 $
1,995,177
Ooeratina Expenditures /Expenses
4001
330
Travel/Conferences/Training $
2,413 $
3,500 $
106 $
3,500
5290
590
Other Mat'I & Supply
25,801
35,000
32,862
35,000
5299
790
Miscellaneous Expense
1,267
4,500
898
4,500
5410
521
Memberships /Dues /Subscription
-
1,500
-
1,500
5411
520
Textbooks
44,634
54,000
36,052
60,000
subtotal $
74,115 $
98,500 $
69,918 $
104,500
City of Aventura
Page 21
Charter School Fund Budget
CITY OF AVENTURA
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 -6002 -569
4-8 Basic 5102
Personnel Services
330
Travel/Conferences/Training $
4,974 $
4,500 $
1,321 $
1220
120
Teacher
$ 1,867,592
$ 1,742,594 $
737,221 $
1,817,887
1230
130
Other Certified Instruction
Miscellaneous Expense
1,125
3,000
673
3,000
5410
Assistant Principal
-
73,542
-
79,536
1250
150
Aide
-
28,838
87,000
15,574
1502
291
Bonuses
46,588
60,000
2,627
60,000
1503
291
Stipends
-
47,880
169,339 $
49,095
2101
221
SocialSecurity- matching
141,718
141,140
54,484
146,344
2201
211
Pension
10,082
13,837
5,996
14,347
2301
231
Health, Life & Disability Insurance
89,486
145,774
52,838
168,265
2302
232
Dental Insurance
12,903
8,064
5,762
17,152
2401
241
Workers' Compensation
9,670
22,509
4,845
14,539
2501
250
Unemployment Compensation
23,231
-
8,099
5,000
subtotal
$ 2,201,270
$ 2,284,179 $
871,872 $
2,387,739
Oaeratina Expenditures /Expenses
4001
330
Travel/Conferences/Training $
4,974 $
4,500 $
1,321 $
4,500
5290
590
Other Mat'I & Supply
68,300
65,000
31,073
65,000
5299
790
Miscellaneous Expense
1,125
3,000
673
3,000
5410
521
Memberships /Dues /Subscription
-
839
-
839
5411
520
Textbooks
72,906
87,000
97,056
93,000
5901
791
Athletic Activities
16,307
9,000
7,549
15,000
subtotal $
163,612 $
169,339 $
137,672 $
181,339
City of Aventura
Page 22
Charter School Fund Budget
CITY OF AVENTURA
CHARTER SCHOOL
2013/14
BUDGETARY ACCOUNT SUMMARY
190 - 6003 -569
Exceptional Student Program 5250
Personnel Services
310
Prof & Tech Services -SPED $
37,114 $
33,000 $
17,403 $
1220
120
Teacher $
147,118 $
92,472 $
57,367 $
89,134
1230
130
Other Certified Instruction
Leasing Expense
-
3,000
-
1,500
5290
Dean of Student Services
-
56,310
-
58,720
1502
291
Bonuses
4,607
5,000
71
5,000
1503
291
Stipends
-
-
-
-
2101
221
SocialSecurity- matching
11,241
11,382
4,336
11,311
2201
211
Pension
587
1,116
56
1,109
2301
231
Health, Life & Disability Insurance
10,877
10,455
3,080
11,443
2302
232
Dental Insurance
568
576
170
1,200
2401
241
Workers' Compensation
735
1,815
379
1,124
2501
250
Unemployment Compensation
2,853
-
820
-
subtotal $
178,586 $
179,126 $
66,279 $
179,041
Ooeratina Expenditures /Expenses
3190
310
Prof & Tech Services -SPED $
37,114 $
33,000 $
17,403 $
33,000
4001
330
Travel/Conferences/Training
-
3,000
-
3,000
4420
590
Leasing Expense
-
3,000
-
1,500
5290
590
Other Mat'I & Supply
5,778
5,000
4,850
6,000
5299
790
Miscellaneous Expense
829
1,500
674
1,500
5410
521
Memberships /Dues /Subscription
-
988
-
988
subtotal $
43,721 $
46,488 $
22,927 $
45,988
City of Aventura
Page 23
Charter School Fund Budget
Personnel Services
1220
120
1225
140
1502
291
2101
221
2201
211
2301
231
2302
232
2401
241
2501
250
City of Aventura
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 - 6004 -569
Substitute Teachers 5901
Pool Sub
Teacher - P/T
Bonuses
Social Security- matching
Pension
Health, Life & Disability Insurance
Dental Insurance
Workers' Compensation
Unemployment Compensation
$ 26,698 $
26,265 $
9,758 $
26,523
103,733
46,000
48,855
46,000
-
800
142
500
8,848
5,528
4,438
5,548
-
197
28
199
1,917
3,477
1,311
3,796
287
192
201
400
388
882
182
551
5,689
-
1,573
1,000
Total Fun coon 690 $ 47,E $ 83,3 66,488 $ 94,516
Page 24
Charter School Fund Budget
CITY OF AVENTUM
CHARTER SCHOOL
2013/14
BUDGETARY ACCOUNT SUMMARY
190 - 6005 -569
Instruct Media Services 6200
Personnel Services
1230
130
1502
291
2101
221
2201
211
2301
231
2302
232
2401
241
2501
250
Media Specialist $
56,593 $
56,833 $
25,246 $
52,137
Bonuses
2,388
2,500
71
2,500
Social Security- matching
4,321
4,348
1,925
3,988
Pension
715
349
128
314
Health, Life & Disability Insurance
3,242
3,427
1,347
3,757
Dental Insurance
212
192
68
400
Workers' Compensation
311
693
151
396
Unemployment Compensation
838
-
748
-
subtotal $
68,620 $
68,342 $
29,684 $
63,493
Operating Expenditures /Expenses
5411 520 Textbooks
City of Aventura
$ 2,738 $ 3,000 $ - $ 3,000
subtotal $ 2,738 $ 3,000 $ - $ 3,000
Page 25
Charter School Fund Budget
Personnel Services
1211 110
1260
1502
2101
2201
2301
2302
2401
2501
'.1
291
221
211
231
232
241
251
CITY OF AVENTURA
CHARTER SCHOOL
2013/14
BUDGETARY ACCOUNT SUMMARY
190 -6006 -569
School Administration 7300
Administrators
Dean of Academics
Principal
Other Support Personnel
2 Receptionist
Administrative Secretary
Registrar /Compliance /ESE
Business Manager
Network/Comp Tech
$ 312,604 $ 243,236 $
205,813 207,384
95,719 $ 205,306
96,799 235,963
Bonuses
2,421
7,500
6,983 $
7,500
Social Security- matching
36,172
34,472
13,093
33,757
Pension
28,316
28,928
9,330
26,798
Health, Life & Disability Insurance
34,741
36,415
12,726
35,071
Dental Insurance
3,084
1,536
964
3,152
Workers' Compensation
3,643
5,498
452
3,354
Unemployment Compensation
3,383
2,000
1,074
2,000
subtotal $
630,177 $
566,969 $
230,157 $
552,900
ODeratina Expenditures /Expenses
4001
330
Travel/Conferences/Training $
6,983 $
10,000 $
1,008 $
10,000
4041
201
Automobile Allowance
5,400
5,400
2,700
5,400
4101
Telephone
840
-
700
1,400
4855
790
Field Trips /School Events
306,275
215,000
132,814
215,000
5290
590
Other Mat'I & Supply
22,488
25,000
42,930
25,000
5410
521
Memberships /Dues /Subscription
5,371
3,000
967
3,000
subtotal $
347,357 $
258,400 $
181,119 $
259,800
Total Fanctiiorf 730fl _ $ 977,534 $ 825,369 $ 411,276 $ 812,700
City of Aventura Page 26 Charter School Fund Budget
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 -6007-669
Pupil Transit Services 7800
SCHOOL2011112
2012(13
2015,=
2013114
OBJECT
ACTUAL
APPROVED
HALF �;r
CITY MANAGER
AGCOtINT CODE DESCRIPTION
8 ;DGET-
A 7t AC
PROPOSAL
Operating Expenditures /Expenses
3190 310 Prof & Tech Services
$ 183,600 $
184,000
$ 109,140 $
184,000
Total Funs lon 7800
183,600 $
184,flfl4 � 1 9,140 $
104-1 fl0fl
City of Aventura
Charter School Fund Budget
Page 27
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 -6008 -569
Operation of Plant 7900
2011112
Personnel Services
2,175
1260
160
Other Support Personnel
3,980
1,817
Janitor
2101
221
Social Security- matching
2201
211
Pension
2301
231
Health, Life & Disability Insurance
2302
232
Dental Insurance
2401
241
Workers' Compensation
subtotal
Operatina Expenditures /Expenses
$ 28,905 $ 28,427 $ 12,976 $ 29,423 11
2,095
2,175
940
2,251
3,176
3,980
1,817
4,119
14,117
14,132
6,349
14,135
591
192
272
400
1,236
347
458
224
$ 50,120 $
49,253 $
22,812 $
50,551
3147
316
School Advisory Consultant $
3148
312
Planning /Management Fee CSUSA
3201
312
Accounting & Auditing Fees
3431
310
Contract -Food Services
4101
370
Communications
4301
430
Electricity
4320
380
Pub Ut Svc Othr Energy Sv
4440
360
Office Equip - Leasing Expense
4501
320
Insurance & Bond Premium
4620
350
Contract- Building Maintenance
4635
350
Repairs & Maintenance
5120
Computer Supplies /Software
5290
590
Other Mat'I & Supply
5295
510
Cleaning /Janitorial Supplies _
subtotal $
Other Uses
5901 790 Contingency
5905 790 AACC Expenses
9101 971 Transfer to General Fund
9129 921 Lease Payments to City Debt Service
subtotal
City of Aventura
Page 28
353,530
11,000
64,303
64,396
132,733
20,285
16,528
18,888
137,079
91,114
5,317
915,173 $ 1
326,000
15,000
64,000
53,000
151,000
20,000
28,000
35,000
217,000
84,000
10,000
1.000
161,800
12,160
28,776
34,279
66,062
10,483
240
16,164
66,001
66,810
2,291
465,066
$ 7,772 $ 75,000 $ - $
2,130 7,500 1,602
444,000 444,000 225,987
$ 453,902 $ 526,500 $ 227,589 $
279,000
15,000
64,000
65,000
151,000
20,000
28,000
35,000
217,000
84,000
21,000
10,000
1,000
990,000
82,000
6,000
444,000
532,000
Charter School Fund Budget
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 - 6009 -569
Child Care Supervision 9102
Personnel Services
310
Contract - Recreation Programs $
76,020 $
53,000 $
32,111 $
1260
160
Other Support Personnel $
32,535 $
32,805 $
14,804 $
32,805
2,000
4301
After School Counselor I
Electricity
10,000
10,000
5,000
10,000
4501
After School Counselor II
Insurance & Bond Premium
3,000
3,000
1,500
2101
221
Social Security- matching
2,050
2,510
920
2,510
2401
241
Workers' Compensation
181
400
138.0
249
2501
250
Unemployment Compensation
1,450
1,300
706
1,300
7,500
subtotal $
36,216 $
37,015 $
16,568 $
36,864
ODeratina Expenditures /Expenses
3113
310
Contract - Recreation Programs $
76,020 $
53,000 $
32,111 $
64,000
3201
312
Accounting & Auditing Fees
2,000
2,000
1,000
2,000
4301
430
Electricity
10,000
10,000
5,000
10,000
4501
320
Insurance & Bond Premium
3,000
3,000
1,500
3,000
4620
350
Contract- Building Maintenance
8,685
8,000
6,960
8,000
4635
350
Repairs & Maintenance
7,622
7,500
3,750
7,500
5290
590
Other Mat'I & Supply
5,846
7,500
4,797
7,500
subtotal $
113,173 $
91,000 $
55,118 $
102,000
City of Aventura
Total lFuncp 902 $ 149,3$9 $ 128,01$ $ �,b`86 138,864
Page 29
Charter School Fund Budget
CITY OF AVENTUM
CHARTER SCHOOL
2013114
BUDGETARY ACCOUNT SUMMARY
190 - 6010 -569
Capital Outlay 7400
Capital Outlay
6401 692 Computer Equipment >5000 $ 65,011 $ 20,000 $ 17,315 $ 40,000
6402 643 Computer Equipment <5000 74,335 82,000 84,161 120,500
6410 640 Furniture, Fixture & Equipment - - 4,653 -
City of Aventura
'otal Function 7400 $ 139,346 $ 02,000 106,129` ., 160,600
Upgrade Network Switches and Routers 20,000
Replace AV Equipment and/or Smartboards 20,000
Subtotal 40,000
Replace 100 Computers /Laptops 110,000
Mobile Classroom 10,500
Subtotal 120,505-
Page 30
Charter School Fund Budget
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING
AND CAPITAL BUDGET FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL FOR FISCAL YEAR 2013/14 (JULY 1 —
JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The 2013/2014 Operating and Capital Improvement Program Budget for
the Aventura City of Excellence School, a copy of said budget being attached hereto and made
a part hereof as specifically as if set forth at length herein, be and the same is hereby
established and adopted.
Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds
appropriated in the Budget may be expended by and with the approval of the City Manager in
accordance with the provisions of the City Charter and applicable law. Funds of the City shall be
expended in accordance with the appropriations provided in the Budget adopted by this
Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental
appropriations or the reduction of appropriations, if any, shall be made in accordance with Section
4.07 of the City Charter.
Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by
department total. Said limitation requires that the total sum allocated to the Charter School
department for operating and capital expenses may not be increased or decreased without
specific authorization by a duly- enacted Resolution affecting such amendment or transfer.
City of Aventura Page 31 Charter School Fund Budget
Therefore, the City Manager may authorize transfers from one individual line item account to
another, so long as the line item accounts are within the same department and fund.
Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all
authorized budgeted positions. However, the City Manager may amend said authorized budgeted
positions in order to address the operating needs of the department so long as sufficient
budgeted funds are available.
Section 5. Grants and Gifts. When the City of Aventura receives monies from any
source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a
condition of acceptance any limitation regarding the use or expenditures of the monies received,
the funds so received need not be shown in the Operating Budget nor shall said budget be
subject to amendment of expenditures as a result of the receipt of said monies, but said monies
shall only be disbursed and applied toward the purposes for which the said funds were received.
To ensure the integrity of the Operating Budget, and the integrity of the monies received by the
City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be
segregated and accounted for based upon generally accepted accounting principles and where
appropriate, placed into separate and individual trust and /or escrow accounts from which any
money drawn may only be disbursed and applied within the limitations placed upon the Gift or
Grant as aforesaid.
Section 6. Amendments. Upon the passage and adoption of the Charter School Fund
Budget for the City of Aventura, if the City Manager determines that the Department Total will
exceed its original appropriation, the City Manager is hereby authorized and directed to prepare
such Resolutions as may be necessary and proper to modify any line item from the Budget
hereby.
City of Aventura Page 32 Charter School Fund Budget
Section 7. Encumbrances. All outstanding encumbrances at June 30, 2013 shall lapse at
that time; and all capital outlay encumbrances and capital outlay expenditures not spent during
the fiscal year may be re- appropriated in the 2013 /2014 fiscal year.
Section 8. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
City of Aventura Page 33 Charter School Fund Budget
CITY OF "ENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: City Commission 01'z/
FROM: Commissioner Billy Joel
DATE: April 15, 2013
SUBJECT: City Manager Evaluation
As you are aware the Employment Agreement for the City Manager provides for an
annual evaluation. This year I utilized the formal evaluation process that we adopted
last year for assessing the performance of the City Manager. The performance
categories also were developed based on models from the International City Managers
Association (ICMA).
Each criterion was rated based on the following rating system:
1 = Needs Strengthen /Improvements
2 = Meets Expectations
3 = Excellent
The following represents the Performance Categories and my ratings for this past year:
1. Policy Execution — Implements the governing body actions in accordance with
the intent of the City Commission, enforces the City's laws, policies and
ordinances and reviews ordinances and policy procedures periodically to suggest
improvements.
Score: 3
2. Fiscal Management — Prepares an operating and CIP budget document and
budgetary recommendations in an intelligent and realistic format, appropriately
monitors and manages the fiscal activities of the City, makes the best possible
use of available funds, conscious of the need to operate efficiently and
effectively and makes recommendations to save costs.
Score: 3
3. Reporting — Provides regular information and reports to the City Commission
concerning matters of importance and on City operations, responds in a timely
manner to requests and concerns of the City Commission, takes the initiative to
provide information, advice and recommendations on important matters facing
the City.
Score: 3
4. Citizen Relations — Responsive to requests from citizens in a timely and
professional manner, accessible to members of the community, demonstrates a
dedication to service to the community meets with and listens to members of the
community to discuss their concerns and strives to understand their interests.
Score: 3
5. Leadership — Sets a professional example by handling the affairs of the City in a
fair and impartial manner, exercises good judgment, diligent and thorough in the
discharge of duties and demonstrates a capacity for innovation and creativity.
Score: 3
6. Supervision and Staffing — Recruits and retains competent personnel for
department director positions, encourages department directors to operate their
departments with minimal involvement yet maintains general control of
operations, encourages teamwork, innovation and effective problem solving
among staff members. Sustains or improves staff performance by evaluating,
setting goals and assessing their progress.
Score: 3
7. Commission Relations — Carries out the directives of the whole as opposed to
those of any one member, provides profession staff reports and
recommendations on agenda items, disseminates complete and accurate
information equally to all members in a timely manner, keeps the commission
informed and assists in establishing long range goals.
Score: 3
In addition to the above, I would like to point out that this June, Eric will have completed
17 years of service with our City and will have been in public administration over 35
years. Very few cities have a manager with his years of experience, longevity and more
important, the stability he has provided to our City. As I have said in the past, I think we
all agree that we are very fortunate to have Eric as our City Manager. This past year
has shown us once again, that even in the face of extreme adversity due to unfounded
allegations his utmost professionalism, honesty and integrity has persevered. His
accomplishments with the City are too numerous to outline in this memorandum.
Based on the foregoing I recommend the following:
Net bonus of $30,000
feel that the items outlined above are reasonable and fair to both parties.
BJ /tms